Barrett v. Kelley
Supreme Court of Vermont
Trover for the conversion of a safe. Heard upon an agreed statement of facts at the April term, 1893, Franklin county, Thompson, J., presiding. Judgment for the plaintiff. The defendant excepts. In the spring of 1892 O. R. Swett was engaged in the meat business at St. Albans, Vt.
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Trover for the conversion of a safe. Heard upon an agreed statement of facts at the April term, 1893, Franklin county, Thompson, J., presiding. Judgment for the plaintiff. The defendant excepts. In the spring of 1892 O. R. Swett was engaged in the meat business at St. Albans, Vt. April 30 of that year he gave to a travelling agent of E. C. Morris & Co., of Boston, Mass., an order for a safe in the following words and figures : “Boston, Mass., April 30, 1892. E. C. Morris<& Co., Boston, Mass.: “Please ship one No. 13 safe, fire proof, to O. R. Swett, town of St. Albans, county of Franklin,…
1Opinion of the CourtRoss, C. J.
On the agreed facts, by the terms of the order given by the insolvent, at St. Albans, the agent who took the order was only a soliciting agent, with no authority to make an absolute contract which would bind E. C. Morris & Co. to a sale of the safe in controversy. He could simply take an order therefor, from the insolvent, and transmit it to E. C. Morris & Co., who resided in Boston, and who then had the safe in their possession at Boston, to be there accepted and approved of by E. C. Morris & Co. When E. C. Morris & Co., in Massachusetts, accepted the order the contract became a…
2Cases cited2 opinions
- Cobb v. BuswellSupreme Court of Vermont · 1864
- Collender Co. v. MarshallSupreme Court of Vermont · 1884
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