Harvey v. Harris
Massachusetts Supreme Judicial Court
Contract for the breach of an agreement to deliver ninety-four barrels of flour purchased by the plaintiff, at auction, of the defendants. At the trial in the Superior Court, before Lord, J., it appeared that the defendants, who were auctioneers, advertised a quantity of “ damaged flour ” belonging to one Spring for sale at auction. The flour was part of a cargo which had been damaged by water, and had been afterwards assorted and prepared for sale in this manner.
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Contract for the breach of an agreement to deliver ninety-four barrels of flour purchased by the plaintiff, at auction, of the defendants. At the trial in the Superior Court, before Lord, J., it appeared that the defendants, who were auctioneers, advertised a quantity of “ damaged flour ” belonging to one Spring for sale at auction. The flour was part of a cargo which had been damaged by water, and had been afterwards assorted and prepared for sale in this manner. So far as the barrels and the brands on them had not been badly wet or stained, nor any considerable injury done to their…
1Opinion of the CourtMorton, J.
The evidence at the trial tended to show the following facts: The defendants offered for sale at auction a quantity of damaged flour. It was divided into two classes: one, being but slightly damaged, was offered for sale in the original packages or barrels, and was to be sold by the barrel; the other, being more damaged, had been repacked, and was offered as repacked flour or “ dough,” and was to be sold by the pound. The flour was arranged in tiers or lots numbered from 1 to 16, a space of about ten feet being left between the flour to be sold by the barrel and the “ dough,” and was not in…
2Cited by6 opinions
- Sherwood v. WalkerMichigan Supreme Court · 1887
- Parrish v. ThurstonIndiana Supreme Court · 1882
- Alden v. HartMassachusetts Supreme Judicial Court · 1894
- Ryder & Brown Co. v. E. Lissberger Co.Massachusetts Supreme Judicial Court · 1938
- Bridgewater Iron Co. v. Enterprise InsuranceMassachusetts Supreme Judicial Court · 1883
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