Lewis A. Crossett Co. v. American Polish Corp.
Supreme Court of Connecticut
Action to recover for a shipment of shoes alleged to have been purchased by the defendant, brought to and tried by the Superior Court in New London County, Brown, J.; facts found and judgment rendered for the plaintiff for $1,702, and appeal by the defendant.
1Opinion of the CourtWheeler, C. J.
Aside from the errors in refusing to correct the finding, which do not seem to be well taken, we find two questions raised by the appeal: (1) Was the order for the shoes upon which the judgment rests, accepted by the plaintiff so as to have created a contract between the parties for the sale of these shoes? (2) If so, was this contract within the statute of frauds?
The finding is definite and full. A salesman of plaintiff took an order for shoes from the defendant. He had no authority to complete the contract. That could only be done by the plaintiff. For convenience the order, though a single…
2Cases cited4 opinions
- Jordan, Marsh & Co. v. PattersonSupreme Court of Connecticut · 1896
- C. & C. Electric Motor Co. v. D. Frisbie & Co.Supreme Court of Connecticut · 1895
- Downs v. MarshSupreme Court of Connecticut · 1861
- Morris Spirt & Co. v. PriorSupreme Court of Connecticut · 1919
3Cited by1 opinion
- Ludowici-Celadon Co. v. McKinleyMichigan Supreme Court · 1943