Bokenfohr v. Bush
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by Jackson Bokenfohr against Herbert T. Bush and others, copartners as H. T. Bush & Co., for goods sold and delivered. From a judgment for plaintiff, defendants bring error. One Adolph Anderson, a produce dealer and broker in New Orleans, telegraphed defendants, produce dealers in Detroit, the lowest price per car load for good merchantable potatoes.
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Error to Wayne; Hosmer, J. Assumpsit by Jackson Bokenfohr against Herbert T. Bush and others, copartners as H. T. Bush & Co., for goods sold and delivered. From a judgment for plaintiff, defendants bring error. One Adolph Anderson, a produce dealer and broker in New Orleans, telegraphed defendants, produce dealers in Detroit, the lowest price per car load for good merchantable potatoes. Defendants replied by telegram, June 4th: “Accept offer bbld. potatoes, Triumphs preferred. Make careful selection, fresh stock.” Anderson ordered the potatoes of plaintiff, who supposed that Anderson was…
1Opinion of the CourtGrant, C. J.
{after stating the facts). The court instructed the jury that Anderson was not agent for defendants, but that he was the agent for plaintiff, and, if they found that the potatoes were merchantable when delivered to the carrier at New Orleans, plaintiff was entitled to recover, but, if they were not merchantable, they should find for the defendants. The testimony was in direct conflict.
Error is assigned upon the failure of the court to instruct the jury that “merchantable” means “specially inferior to the best or the selected quality, but sufficiently good for ordinary purposes; that it means…
2Cited by2 opinions
- Herbert v. DurgisMichigan Supreme Court · 1936
- Parkey v. GallowayMichigan Supreme Court · 1907