Homer N. Chase & Co. v. Doyle
Supreme Judicial Court of Maine
On exceptions by plaintiff. This is an action of assumpsit to recover the price of certain nursery stock alleged to be sold and delivered. The defendant gave to the plaintiff a written order for the goods, at the prices claimed, and the goods were shipped in accordance therewith to the station at Caribou, Maine, but defendant refused to accept them.
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On exceptions by plaintiff. This is an action of assumpsit to recover the price of certain nursery stock alleged to be sold and delivered. The defendant gave to the plaintiff a written order for the goods, at the prices claimed, and the goods were shipped in accordance therewith to the station at Caribou, Maine, but defendant refused to accept them. The defendant asserts that an action for the price of goods sold and delivered cannot be maintained until delivery be proved; that actual delivery and acceptance must appear. The case was heard by the court without a jury and judgment for…
1Opinion of the CourtPhilbrook, J.
On the sixth of August, 1920, the defendant signed an order, directed to the plaintiff, for the delivery of certain nursery stock, for which defendant agreed to pay two hundred dollars on delivery of said stock for the defendant at Caribou freight station any time during April or May, 1921. The order stipulated that it was not subject to countermand but in the latter part of August, *2051920, the defendant wrote the plaintiff that he would not take the stock and notified plaintiff not to ship it. Nevertheless the stock was shipped to the freight station from which place defendant refused to…
2Cited by2 opinions
- Franklin Paint Co. v. FlahertySupreme Judicial Court of Maine · 1943
- Smith, Fitzmaurice Co. v. HarrisSupreme Judicial Court of Maine · 1927