Boughton v. Standish
Supreme Court of Vermont
Assumpsit for goods sold and delivered. Plea, the general issue, and trial by the court, December Term, 1876, Powers, J., presiding. On November 20, 1872, defendant, residing at West Randolph, sent plaintiff, residing in New York, the following order : Please send me by freight, one bale of buffalo robes. I want them lined, -and part of them worth $16 each, and none worth less than $12. I want them good size and dark color, and I will send note payable at bank at 90 days.
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Assumpsit for goods sold and delivered. Plea, the general issue, and trial by the court, December Term, 1876, Powers, J., presiding. On November 20, 1872, defendant, residing at West Randolph, sent plaintiff, residing in New York, the following order : Please send me by freight, one bale of buffalo robes. I want them lined, -and part of them worth $16 each, and none worth less than $12. I want them good size and dark color, and I will send note payable at bank at 90 days. This order plaintiff received on November 22d, and on December 3d he shipped defendant twelve robes by freight, and…
1Opinion of the Court
The opinion of the court was delivered b.y
Royce, J.
The circular that the defendant ordered the goods upon the strength of, provided that all goods not satisfactory when received, could be returned by paying express charges both ways. When goods of a specific description are ordered, and the goods when received do not answer the description, if the party giving the' order would avail himself of the right to return the. goods, he should do so as soon as he has time and opportunity to ascertain the fact. Neate et als. v. Ball et als. 2 East, 117; Humphries v. Carvalho, 16 East, 45; Long Sales…
2Cited by3 opinions
- Rutland Music Service, Inc. v. Ford Motor Co.Supreme Court of Vermont · 1980
- Unadilla Silo Co. v. M. A. Hull & SonSupreme Court of Vermont · 1916
- Chaffin v. BittinskySupreme Court of Vermont · 1967