Cohen v. Pemberton
Supreme Court of Connecticut
Action to recover for a quantity of hats, caps and gloves sold; brought, by appeal from the judgment of a justice of the peace, to the Court of Common Pleas, and tried to the jury on a general denial, before Studley, J. On the trial it was admitted by both plaintiff and defendant, that the goods specified in the bill of particulars were ordered by the defendant of the plaintiff in September, 1883, to be sent as freight; the order describing the goods in each case as parts of…
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Action to recover for a quantity of hats, caps and gloves sold; brought, by appeal from the judgment of a justice of the peace, to the Court of Common Pleas, and tried to the jury on a general denial, before Studley, J. On the trial it was admitted by both plaintiff and defendant, that the goods specified in the bill of particulars were ordered by the defendant of the plaintiff in September, 1883, to be sent as freight; the order describing the goods in each case as parts of a dozen, the following extract from it showing its general manner: 12 2 1 “½ doz. rat high college, 6£, 7, 7-¡-,…
1Opinion of the CourtLoomis, J.
The complaint seeks to recover the price of merchandise, consisting of hats, caps, collars and gloves, sold and delivered to the defendant pursuant to his written order, which is annexed to the finding as an exhibit. The order classified the goods wanted according to the kind and style—each class occupying a line by itself, on which was given the size and over it the number desired of that size ; at the left the numbers were summed up in fractions of a dozen, and at the extreme right the price of a dozen was given. Take, for example, the first line in the order, which also in part involves…
2Cases cited1 opinion
- Mansfield v. TriggMassachusetts Supreme Judicial Court · 1873
3Cited by8 opinions
- Loomis v. Norman Printers Supply Co.Supreme Court of Connecticut · 1908
- Portfolio v. . RubinNew York Court of Appeals · 1922
- Tower v. PaulyMissouri Court of Appeals · 1892
- Portfolio v. RubinAppellate Division of the Supreme Court of the State of New York · 1921
- Regent Waist Co. v. O. J. Morrison Department Store Co.West Virginia Supreme Court · 1921
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