Bates Street Shirt Co. v. Place
Supreme Court of New Hampshire
Assumpsit, for goods sold and delivered. Trial at the October term, 1911, of the-superior court before Pike, J., who reported the facts at the request of the parties.
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Assumpsit, for goods sold and delivered. Trial at the October term, 1911, of the-superior court before Pike, J., who reported the facts at the request of the parties. In the spring of 1907, the defendant gave the plaintiffs’ salesman a written order for shirts, the price of which amounted to $235.25, subject to a discount of six per cent if paid within seventy days from date of shipment, which was to be made September 1. The goods were shipped in September and received by the defendant September 18. Upon examination, the defendant found they were not as ordered, the label on each shirt…
1Opinion of the CourtParsons, C. J.
When goods are sold on credit, no action can be maintained for the agreed price until the agreed term of credit has expired. Dodge v. Waterman, 36 N. H. 186, 188; Parker v. Mitchell, 5 N. H. 165. In this case the contract provided for a credit of seventy days after shipment of the goods. The court found a verdict for the defendant, upon the ground that the suit was brought before the expiration of the time of credit allowed by the contract. The action is assumpsit for goods sold and delivered. To warrant a recovery for goods sold and delivered, or for goods bargained and sold, the evidence…
2Cases cited7 opinions
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Crabtree v. MessersmithSupreme Court of Iowa · 1865
- Nichols v. MorseMassachusetts Supreme Judicial Court · 1868
- Rodman v. GuilfordMassachusetts Supreme Judicial Court · 1873
- McCormick v. BasalSupreme Court of Iowa · 1877
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3Cited by1 opinion
- Paul Martin Co. v. SumpterDistrict of Columbia Court of Appeals · 1949