Proctor v. Spratley
Supreme Court of Virginia
Error to judgment of hustings court of city of Peters-burg, rendered May 4th, 1881, in a suit wherein Stith Spratley and Ruffin J. Spratley, the appellees, were plaintiffs, and William H. Proctor, the appellant, was defendant. Stith Spratley exhibited to Proctor samples of hi's peanuts, and offered to sell them, but said the bulk did not equal the samples.
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Error to judgment of hustings court of city of Peters-burg, rendered May 4th, 1881, in a suit wherein Stith Spratley and Ruffin J. Spratley, the appellees, were plaintiffs, and William H. Proctor, the appellant, was defendant. Stith Spratley exhibited to Proctor samples of hi's peanuts, and offered to sell them, but said the bulk did not equal the samples. Afterwards Proctor bought them, and by his direction they were delivered to his agent at Moss’ tramway, in Surry county, Virginia, weighed and marked with Proctor’s stencil, and shipped to his commission merchants in New York, who,…
1Opinion of the CourtFatjetleeoy, J.
The appellant, Proctor, a merchant and dealer in peanuts in the city of Petersburg, some time in August, 1879, sent a message, or messages, to the appellee, Stith Spratley, a farmer and grower of peanuts in the county of Surry, with reference to buying his peanuts, who not long thereafter—viz: about 10 o’clock in the morning on the 17th day of September—came into Proctor’s office and exhibited to him samples of his two lots of peanuts, and told him that his crop, then in his barn in Surry, consisted of about 500 bags- of the best peas, and about 100 bags of the low grade of nuts.
As to whether…
2Cases cited4 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Dean v. CommonwealthSupreme Court of Virginia · 1879
- Vaiden v. CommonwealthSupreme Court of Virginia · 1855
- Mason v. ChappellSupreme Court of Virginia · 1860
3Cited by11 opinions
- State v. BakerWest Virginia Supreme Court · 1889
- State v. MorganWest Virginia Supreme Court · 1891
- Simon v. EllisonSupreme Court of Virginia · 1893
- Morgan County Coal Co. v. HaldermanSupreme Court of Missouri · 1914
- Gillette v. Kelling Nut Co.Court of Appeals for the Fourth Circuit · 1950
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