Merriman v. Chapman
Supreme Court of Connecticut
Indebitatus Assumpsit for goods sold; tried in the superior court, on the general issue, with notice, closed to the court, before Carpenter, J. The notice alleged that the goods delivered were not of the quality agreed and had never been accepted by the defendant.
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Indebitatus Assumpsit for goods sold; tried in the superior court, on the general issue, with notice, closed to the court, before Carpenter, J. The notice alleged that the goods delivered were not of the quality agreed and had never been accepted by the defendant. Upon the trial the plaintiff claimed that sundry barrels of apples named in his bill of particulars, were sold to the defendant by sample, and that they were to be delivered at the Southington depot, the freight paid to New Haven, and directed to the defendant at New Haven, at an agreed price of $1.75 per barrel. The defendant…
1Opinion of the Court
Hinman, O. J.
This suit was for the pi’ice of some barrels of apples claimed to have been sold and delivered. The sale was by sample, and the defendant, on their being delivered to him, objected to receiving them on the ground that they did not correspond with the sample, and tendered them back to the plaintiff, and the question before the court was whether they did in fact correspond with the sample. The plaintiff claimed that in consequence of the delivery, so that the apples came into the defendant’s possession, the burden of proof was upon the latter to show that they did not correspond…
2Cases cited2 opinions
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Wright v. BarnesSupreme Court of Connecticut · 1842
3Cited by7 opinions
- C. & C. Electric Motor Co. v. D. Frisbie & Co.Supreme Court of Connecticut · 1895
- Penn v. SmithSupreme Court of Alabama · 1893
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
- L. A. Lockwood, Jr., Inc. v. E. Gross & Co.Supreme Court of Connecticut · 1923
- Lewiston Milling Co. v. CardiffCourt of Appeals for the Ninth Circuit · 1920
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