Waldron v. Chase
Supreme Judicial Court of Maine
On Report from Nisi Prius, Wells, J., presiding. Assumpsit, to recover. payment for a quantity of corn sold by the defendant to the plaintiffs, but not delivered'. The writ was dated Jan. 3, 1853, and the general issiie pleaded. On Dec. 1, 1851, the plaintiffs bought corn of defendant and received a bill thereof as follows: —• “Messrs.
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On Report from Nisi Prius, Wells, J., presiding. Assumpsit, to recover. payment for a quantity of corn sold by the defendant to the plaintiffs, but not delivered'. The writ was dated Jan. 3, 1853, and the general issiie pleaded. On Dec. 1, 1851, the plaintiffs bought corn of defendant and received a bill thereof as follows: —• “Messrs. A. P. & W. H. Waldron-, Bought of D. T. Chase 500 B. T. Corn at 69, $345 63 days interest, 3 62 $348 62 Received payment by note, D. T. Chase.” The note had been paid. The plaintiffs were millers, and it appeared in evidence that it was the custom in Portland,…
1Opinion of the CourtHathaway, J.
— The defendant had, in his store, some fifteen thousand bushels of corn, in bulk, of which he sold to the plaintiffs five hundred bushels, Dec. 1, 1851, and received his pay. The plaintiffs were millers, and for their own convenience and without charge for storage,, left the-corn in the defendant’s store and took, as they wanted to use it, between the first and seventh of December, two hundred and seventy-six bushels. On the seventh of December the defendant’s store and most of the corn in it was destroyed by fire, and the plaintiffs bring this action to recover payment for the balance of…
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