Levy v. Radkay
Massachusetts Supreme Judicial Court
Contract upon an account annexed for $83.81, the purchase price of goods alleged to have been sold and delivered by the plaintiff to the defendant. Writ in the Municipal Court" of the City of Boston dated December 14, 1917. The findings of fact warranted by the evidence are stated in the opinion.
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Contract upon an account annexed for $83.81, the purchase price of goods alleged to have been sold and delivered by the plaintiff to the defendant. Writ in the Municipal Court" of the City of Boston dated December 14, 1917. The findings of fact warranted by the evidence are stated in the opinion. The trial judge found that the defendant directed the plaintiff to ship the merchandise in suit by Mahoney’s Express, and that the defendant was to pay the express charges for transportation; and ruled that as a matter of law the title to the merchandise passed to the defendant upon delivery to…
1Opinion of the CourtPierce, J.
This is an action of contract brought by the seller to recover from the buyer the price of goods ordered from samples shown at the buyer’s store.
The evidence warranted the finding of the presiding judge, “that the defendant directed the plaintiff to ship the merchandise in suit by Mahoney’s Express, and that the defendant was to pay the express charges for transportation.” The judge was not bound to believe the testimony of the defendant that the goods were to be delivered to the defendant at his store in Hyde Park. Nor was he required to rule that the order sent by the salesman, “Send to I.…
2Cases cited5 opinions
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- McNeal v. BraunSupreme Court of New Jersey · 1891
- Murphy v. Sagola Lumber Co.Wisconsin Supreme Court · 1905
- Twitchell-Champlin Co. v. RadovskyMassachusetts Supreme Judicial Court · 1910
- Skinner v. Griffiths & SonsWashington Supreme Court · 1914
3Cited by9 opinions
- Parker v. S. G. Shaghalian & Co.Massachusetts Supreme Judicial Court · 1923
- St. John Brothers Co. v. FalksonMassachusetts Supreme Judicial Court · 1921
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925
- Shapiro v. Park Trust Co.Massachusetts Supreme Judicial Court · 1925
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