Foster v. Ropes
Massachusetts Supreme Judicial Court
Contract for the price of 775 quintals of codfish, sold and delivered by the plaintiff to the defendant on April 15, 1870. The answer denied the sale, and set up a warranty of soundness, and a breach thereof.
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Contract for the price of 775 quintals of codfish, sold and delivered by the plaintiff to the defendant on April 15, 1870. The answer denied the sale, and set up a warranty of soundness, and a breach thereof. Trial in the Superior Court, before Brigham., C. J,, who, after a verdict for the plaintiff, allowed the following bill of exceptions: “ There was evidence tending to prove that the defendant on April 15, 1870, visited the counting-room of the plaintiff in Beverly, to purchase a fare of cod fish to ship to New York; that he so told the plaintiff, who informed him that he had a fare by…
1Opinion of the CourtColt, J.
Under the instructions given, the jury were allowed to find that the sale of all the fish was completed, so as to pass the title to the defendant, on April 15, the day when the contract of sale was entered into. This action is to recover the price of the whole, as for goods sold and delivered.
The defendant asked the court to rule, upon all the evidence, that there was no sale at that time, and that, under a count for goods sold and delivered, the plaintiff could not recover for the fish which remained in Beverly after the 400 quintals were taken away by him. This ruling was refused, and the…
2Cases cited1 opinion
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
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- Stoddard v. HamMassachusetts Supreme Judicial Court · 1880
- Wigton v. BowleyMassachusetts Supreme Judicial Court · 1881
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