McClure Bros. v. Briggs
Supreme Court of Vermont
Book Account. Heard on the report of an auditor, March Term, 188o, Veazey, J., presiding. Judgment for the plaintiffs. The auditor found: “On May 9, 1881, one Bradley applied to the defendant to purchase a parlor organ. The negotiations resulted in the defendant giving Bradley an order. Bradley was the agent of the plaintiffs, to whom the order was directed, to sell organs and obtain such orders. There was no fraud in the transaction.
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Book Account. Heard on the report of an auditor, March Term, 188o, Veazey, J., presiding. Judgment for the plaintiffs. The auditor found: “On May 9, 1881, one Bradley applied to the defendant to purchase a parlor organ. The negotiations resulted in the defendant giving Bradley an order. Bradley was the agent of the plaintiffs, to whom the order was directed, to sell organs and obtain such orders. There was no fraud in the transaction. The order was sent to the plaintiffs, and the organ was delivered to the defendant at his home in Poultney within the time as agreed by Bradley and was charged…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
Defendant gave a written order to plaintiffs, through Bradley, their agent, for a Prescott organ, to be paid for at a stipulated price within a time named, if received in good order. Bradley seasonably carried an organ to defendant’s house that was in all respects like the one ordered except in a slight and an immaterial particular; but defendant, having in the mean time bought and received an Estey organ from another vender, refused to receive plaintiffs’ organ, or to let Bradley set it up in his house, whereupon negotiation ensued between…
2Cases cited7 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Zaleski v. ClarkSupreme Court of Connecticut · 1876
- Daggett & Graves v. JohnsonSupreme Court of Vermont · 1877
- Hartford Sorghum Manufacturing Co. v. BrushSupreme Court of Vermont · 1871
- Rossiter v. CooperSupreme Court of Vermont · 1851
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3Cited by26 opinions
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Livesley v. JohnstonOregon Supreme Court · 1904
- Campbell Printing-Press Co. v. ThorpU.S. Circuit Court for the District of Eastern Michigan · 1888
- La Grande National Bank v. BlumOregon Supreme Court · 1895
- Muzzy v. Chevrolet Div., GMCSupreme Court of Vermont · 1989
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