Kibbe v. Woodruff
Supreme Court of Connecticut
Action to recover damages for a breach of contract in the sale of personal property, brought before a justice of the peace and thence by the plaintiff’s appeal to the Superior Court for Tolland County and. tried to the jury before Burpee, J.; verdict and judgment for the plaintiff, and appeal by the defendants.
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Action to recover damages for a breach of contract in the sale of personal property, brought before a justice of the peace and thence by the plaintiff’s appeal to the Superior Court for Tolland County and. tried to the jury before Burpee, J.; verdict and judgment for the plaintiff, and appeal by the defendants. These facts were undisputed: On March 23d, 1916, the plaintiff ordered in writing from the defendants— who were growers and sellers of seeds for planting — a quantity of seeds of various kinds, all of which were duly delivered as ordered, except that by mistake the defendants sent a…
1Opinion of the CourtCase, J.
As the case reached the jury, no question of fact necessary to determine the legal effect of the correspondence between the parties relative to the defendants’ mistake in delivering peas in place of corn, remained unsettled. It was not for the jury to pass upon the meaning of the letters under these circumstances, but the question presented was one of law, and the duty to determine it rested solely upon the court. Jordan, Marsh & Co. v. Patterson, 67 Conn. 473, 479, 35 Atl. 521. The performance of this duty properly called for an instruction to the jury that the only contract 'in the case was…
2Cases cited3 opinions
- Jordan, Marsh & Co. v. PattersonSupreme Court of Connecticut · 1896
- Leonard Seed Co. v. Crary Canning Co.Wisconsin Supreme Court · 1911
- Brown v. New Haven Taxicab Co.Supreme Court of Connecticut · 1917
3Cited by12 opinions
- Chase Brass & Copper Co. v. Chase Brass & Copper Workers Union Local 1565Supreme Court of Connecticut · 1953
- Lumbrazo v. WoodruffNew York Court of Appeals · 1931
- Whitaker v. Cannon Mills Co.Supreme Court of Connecticut · 1945
- Nakanishi v. FosterWashington Supreme Court · 1964
- Tharp v. Allis-Chalmers Mfg. Co.New Mexico Supreme Court · 1938
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