Altman v. Aronson
Massachusetts Supreme Judicial Court
Tort for damages resulting from alleged negligence of the defendants in their method of reshipping to the plaintiff certain silk which the plaintiff had' sold to the defendants but the defendants had refused to accept because it did not fulfil the requirements of their order.
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Tort for damages resulting from alleged negligence of the defendants in their method of reshipping to the plaintiff certain silk which the plaintiff had' sold to the defendants but the defendants had refused to accept because it did not fulfil the requirements of their order. Writ dated June 25, 1917. In the Superior Court the action was tried before Hitchcock, J. The plaintiff’s evidence tended to show that the goods were worth $283.24. Other material evidence is described in the opinion. At the close of the evidence the defendants moved that a verdict in their favor be ordered, and, that…
1Opinion of the CourtRugg, C. J.
The defendants bought by sample seven pieces of silk of the plaintiff. Certain silk from- the plaintiff' was' delivered to the defendants by express, which on examination was found not to correspond to .the sample. The defendants immediately reshipped the silk to the plaintiff. It was lost by the express company and never was delivered to the plaintiff. There was evidence that the defendants or one of their employees stated to the express company at the time of the return shipment that the value of the goods was under $50. In truth their value was much greater. This action in tort is brought…
2Cases cited34 opinions
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