Winchester & Partridge Manufacturing Co. v. Funge
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF UTAH TERRITORY. This ivas an appeal from the Supreme Court of Utab Territory, in a suit brought in the First Judicial District Court of that Territory, in, March, 1882, by the appellant, a Wisconsin corporation, against the appellee, to recover the sum of $1,444.90 and interest from the filing of'the complaint. The complaint contained two counts.
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APPEAL FROM THE SUPREME COURT OF UTAH TERRITORY. This ivas an appeal from the Supreme Court of Utab Territory, in a suit brought in the First Judicial District Court of that Territory, in, March, 1882, by the appellant, a Wisconsin corporation, against the appellee, to recover the sum of $1,444.90 and interest from the filing of'the complaint. The complaint contained two counts. The first set forth that appellee owed the appellant $2,832.40, for a balance of an account; that, for the purpose of settling such indébtedness, the appellee gave to the appellant’s agents, on the 28th of October,…
1Opinion of the CourtJustice Blatcheord
We are of opinion that, on the terms of the receipt which expressed the contract between the parties, the appellant or its agents were required to determine, on receiving the wagons, whether they were in good condition and merchantable order, and were at liberty to reject them if not meeting those conditions ; that.the receiving the 21 and proceeding to sell them was an acceptance of the 21 in payment jiro tanto of the claim; that the contract for the payment in wagons was unfulfilled, as to the i wagons not delivered; and that the price for which the 19 wagons were sold, and the selling…
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