Spickler v. Marsh
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. This suit was brought by the appellees to recover from the appellant the price of a reaper and mower sold to him.
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Appeal from the Circuit Court for Washington County. This suit was brought by the appellees to recover from the appellant the price of a reaper and mower sold to him. Mceeption: The plaintiffs offered the following prayers: 1. If the jury find that the plaintiffs, by their agent, sometime in June, 1864, sold to the defendant one of their reapers, commonly called the “ Combined Reaper and Mower and Self-Raker,” for the sum of $185, upon the terms following, to wit: That the said reaper was to answer the purpose of mowing, cutting grain and self-raking it, and that the defendant was .to take it…
1Opinion of the CourtBrent, J.
Me do not think there is any difficulty about this case. The transaction, as disclosed by the proof, constituted what is called “a sale or return.” The appellant agreed with the appellees to take their reaper and mower, the price of which wuJ $185, and try it in cutting grass and reaping his wheat. If after such trial he did not like it, he farther agreed to return it. He tried it at the harvest of 1864, but not being satisfied he agreed in the fall of that year to give it a further trial at the harvest of 1865, and if not then satisfied to return it to a certain railroad station mentioned in…
2Cited by6 opinions
- Delamater v. ChappellCourt of Appeals of Maryland · 1878
- Syriani v. GebhartCourt of Appeals of Maryland · 1950
- Springfield Engine Stop Co. v. SharpMassachusetts Supreme Judicial Court · 1903
- Missouri Smoke Preventer Co. v. City of St. LouisSupreme Court of Missouri · 1907
- Bostain & Kinstler v. De Laval Separator Co.Court of Appeals of Maryland · 1901
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