Abbott v. McAloon
Supreme Judicial Court of Maine
On exceptions. Assumpsit on account annexed, one item of which was for one thousand cigars, sent to the defendant by the plaintiff in answer to the following order or letter: “Bangor, Me., April 11th. W. F. Abbott, Sir: Please send me an assortment of cigars for a new place. I want about four hundred good nice ones, and six hundred of good cigars, that I can sell for ten cents each.
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On exceptions. Assumpsit on account annexed, one item of which was for one thousand cigars, sent to the defendant by the plaintiff in answer to the following order or letter: “Bangor, Me., April 11th. W. F. Abbott, Sir: Please send me an assortment of cigars for a new place. I want about four hundred good nice ones, and six hundred of good cigars, that I can sell for ten cents each. I should prefer two different brands of the six hundred — three hundred of each, making one thousand in the whole. Thomas MoAloon. P. S. I have not received that $105.00 according to agreement. Send by Monday’s…
1Opinion of the CourtPeters, J.
The plaintiff, in Saco, received by mail a written order for cigars, purporting to be signed by the defendant in .Bangor. The question arose whether the order was either signed or authorized by the defendant. The plaintiff testified that a postscript on the order alluded to a matter known to no person but the defendant and himself, and that previous to the reception of the order the defendant promised him he would send him an order.
The question now is, whether that testimony was enough to authorize the submitting the paper to the jury, for them to consider, provided they first found, as a…
2Cases cited1 opinion
- Tozier v. CraftsMassachusetts Supreme Judicial Court · 1878