Wall Rice Milling Co. v. Continental Supply Co.
Utah Supreme Court
Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by tbe Wall Nice Milling Company against the Continental Supply Company. Judgment for defendant, plaintiff appeals. RESPONDENT'S POINTS. The question of accept and receive, delivery, inspection or its waivers and the intention of the parties, in an action brought to recover for goods sold under an oral agreement, are all questions of fact for the jury.
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Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by tbe Wall Nice Milling Company against the Continental Supply Company. Judgment for defendant, plaintiff appeals. RESPONDENT'S POINTS. The question of accept and receive, delivery, inspection or its waivers and the intention of the parties, in an action brought to recover for goods sold under an oral agreement, are all questions of fact for the jury. (Benjamin on Sales, section 895; Williston on Sales, section 96; Edan v. Dud-field, 1 Q. B. 302; Morton v. Tibbeti, 15 Q. B. 428; Garfield v. Paris, 96 U. S. 563, 24…
1Opinion of the CourtBbiok, J.
This is an action to recover the purchase price of a car load of rice, which, it is alleged, respondent purchased from appellant. While respondent interposed a number of defenses and also set up a counterclaim, the only defense which was submitted to the jury by the trial court and upon which the verdict in favor of respondent is based is the one that the rice was not of the quality represented by appellant, and that, upon inspection of the rice by respondent, it refused to accept the same or any part thereof.
The material facts in brief are: That at the times alleged appellant was engaged in…
2Cases cited2 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- F. B. Fogel & Co. v. BrubakerSupreme Court of Pennsylvania · 1888
3Cited by3 opinions
- M. H. Walker Realty Co. v. American Surety Co. of New YorkUtah Supreme Court · 1922
- Puritas Coffee & Tea Co. v. De MartiniCalifornia Court of Appeal · 1922
- Jorgensen v. Gessell Pressed Brick Co.Utah Supreme Court · 1914