Brigham v. Hibbard
Oregon Supreme Court
Appeal from Multnomah: E. D. Shattuck, Judge. This is an action brought by John W. Brigham, a manufacturer of boots and shoes in Boston, Massachusetts, to recover for goods sold and delivered to George L. Hibbard.
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Appeal from Multnomah: E. D. Shattuck, Judge. This is an action brought by John W. Brigham, a manufacturer of boots and shoes in Boston, Massachusetts, to recover for goods sold and delivered to George L. Hibbard. The defendant admits the' delivery of the goods, but denies the sale, claiming that he gave an order for certain goods, to be manufactured and. shipped from Boston to one Wetmore, — -an agent to solicit orders for plaintiff, — for which he was to pay five hundred and three dollars, but that the goods sent did not correspond with the order; that he examined them immediately after…
1Opinion of the Court
Opionion by
Mr. Chief Justice Bean.
1. There are numerous assignments of error in the record, but for convenience they may be grouped under two principal heads: First, error of the court in ruling, both in admitting testimony and instructing the' jury, that if the goods delivered to the defendant were of the kind and quality ordered, plaintiff could l’ecover without proof of an actual acceptance by the defendant; seeond, error in refusing to allow defendant to detail the entire conversation between him and Wetmore at the time, or soon after, the goods were examined, The first assignment of…
2Cases cited10 opinions
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Krulder v. . EllisonNew York Court of Appeals · 1871
- Stilwell v. . Mutual Life Insurance Co.New York Court of Appeals · 1878
- Nichols v. MorseMassachusetts Supreme Judicial Court · 1868
- Diversy v. KelloggIllinois Supreme Court · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rastetter v. ReynoldsIndiana Supreme Court · 1903
- Eaton v. BlackburnOregon Supreme Court · 1908
- Lenz v. BlakeOregon Supreme Court · 1904
- Pray v. Trower Lumber Co.California Court of Appeal · 1929
- Steiger v. FronhoferOregon Supreme Court · 1903
6 more not listed; retrieve them via the Exa API.