N. M. Minnix Co. v. L. C. Smith & Bros. Typewriter Co.
Court of Appeals for the D.C. Circuit
Hearing oel an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, on a verdict directed by tbe court, in an action of replevin. Tbe Court in tbe opinion stated tbe facts as follows: Tbis is a suit in replevin for tbe recovery of a typewriter. Appellee company, plaintiff below, in September, 1907, sent on trial tbe machine in question to one A. E. Small, in tbe city of Boston, Massachusetts.
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Hearing oel an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, on a verdict directed by tbe court, in an action of replevin. Tbe Court in tbe opinion stated tbe facts as follows: Tbis is a suit in replevin for tbe recovery of a typewriter. Appellee company, plaintiff below, in September, 1907, sent on trial tbe machine in question to one A. E. Small, in tbe city of Boston, Massachusetts. Subsequently, .one of plaintiff’s sales- men called on Small and procured from him the following order for the purchase of the machine: L. C. Smith & Bros. Typewriter…
1Opinion of the CourtJustice Van Orsdel
Counsel for defendant relies upon the following assignments of error:
“The court erred as follows:
“1. In admitting in evidence the order without proof of approval by appellee, as required by its terms.
“2. In refusing to permit cross-examination of the witness Small by the appellant.
“3. In refusing to permit the witness Small to give a conversation with appellee’s agent, whereby it was sought to set up a collateral agreement, and explain the object of the parties in executing the order.
“4. In refusing to admit the conversation of the parties at the time the order was signed, to the effect that…
2Cases cited4 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Peabody v. MaguireSupreme Judicial Court of Maine · 1887
- Stone v. PerrySupreme Judicial Court of Maine · 1872
- Seed v. LordSupreme Judicial Court of Maine · 1876
3Cited by4 opinions
- Arsenault v. AngleDistrict of Columbia Court of Appeals · 1945
- Zweig v. SchwartzDistrict of Columbia Court of Appeals · 1943
- Reliable Construction & Realty Co. v. Waterproofing Service, Inc.District of Columbia Court of Appeals · 1943
- Stern Co. of Washington, Inc. v. RosenbergDistrict Court, District of Columbia · 1937