Catlin v. Smith

*86The opinion of the court was delivered by

Redfield, J.

The defendant is a commission merchant, in Boston. The plaintiff being in Boston, left certain produce with defendant, to sell for a commission of two-and-a-half per cent., with instructions to “ sell for cash, or not on credit,” and by this we understand that he said what was equivalent to either, or both expressions. The defendant sold and delivered the goods to some person, who said he would pay for them in a few days, and this promise he renewed from time to time, at intervals of two or three days, for two or three weeks, when he failed…