Bartholomae & Co. v. Paull
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the municipal court of Wheeling rendered on the 25th day of March, 1881, in an action in said court then pending, wherein H. Bartholomae & Co. were plaintiffs, and A. W. Paull was defendant, allowed upon the petition of said plaintiffs. Hon. G. L. Cranmer, judge of the municipal court of Wheeling, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the municipal court of Wheeling rendered on the 25th day of March, 1881, in an action in said court then pending, wherein H. Bartholomae & Co. were plaintiffs, and A. W. Paull was defendant, allowed upon the petition of said plaintiffs. Hon. G. L. Cranmer, judge of the municipal court of Wheeling, rendered the judgment complained of. Patton, Judge, furnishes the following statement of the case : H. Bartholomae & Co. brought an action of assumpsit in the municipal court of Wheeling against A. W. Pauli for goods sold and delivered. The plaintiffs…
1Judgment of the CourtPattoN, Judge
The only question in this case is: Did the plaintiffs in error sell and deliver to the defendant in error the goods mentioned in the bill of particulars? Pratt testifies, that Pauli ordered him to select the goods and send them to him; this Pauli denies. It was for the jury to determine whom to believe. If Pauli ordered the goods, and they were shipped to and received by him, he was bound to accept them, if in quantity and quality they corresponded wilh the order. It required a distinct act of acceptance on the part of the buyer to complete the sale; the moment the contract was made, and the…
2Cases cited3 opinions
- Corning & Norton v. Colt & NowlandNew York Supreme Court · 1830
- Treadwell v. ReynoldsSupreme Court of Connecticut · 1872
- Downs v. MarshSupreme Court of Connecticut · 1861
3Cited by10 opinions
- Thompson v. DouglassWest Virginia Supreme Court · 1891
- White v. . SchweitzerNew York Court of Appeals · 1917
- Ford v. FriedmanWest Virginia Supreme Court · 1895
- Linger v. WilsonWest Virginia Supreme Court · 1914
- Brown v. NelsonSupreme Court of Vermont · 1894
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