Clough v. Whitcomb
Massachusetts Supreme Judicial Court
Contract on an account annexed for the price of goods sold and delivered by the plaintiff to the defendant. Trial, and verdict for the defendant, in the superior court, before Pitman, J., who allowed the following bill of exceptions : “ At the trial, it appeared, among other facts, that Pythagoras Clark, having previously been supplied with a peddler’s cart and various goods, including pens and ink, and also with printed blank orders, by the plaintiff, met the defendant…
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Contract on an account annexed for the price of goods sold and delivered by the plaintiff to the defendant. Trial, and verdict for the defendant, in the superior court, before Pitman, J., who allowed the following bill of exceptions : “ At the trial, it appeared, among other facts, that Pythagoras Clark, having previously been supplied with a peddler’s cart and various goods, including pens and ink, and also with printed blank orders, by the plaintiff, met the defendant twice at his place of business in Lawrence; on each of which times one such blank order was filled out by the defendant,…
1Opinion of the CourtWells, J.
It appears by these exceptions that the goods in question were delivered to the defendant by the plaintiff, directly; and not through Clark, the alleged agent. They were so delivered upon written orders, signed by the defendant, addressed to the plaintiff, and giving the description, quantity and prices of the goods desired. These orders were solicited and forwarded by Clark, who was the plaintiff’s agent for that purpose, and was to have a commission upon sales so made. Whether he was authorized to make contracts of sale and to receive payments, or to make agreements as to the mode of…
2Cases cited1 opinion
- Finch v. MansfieldMassachusetts Supreme Judicial Court · 1867
3Cited by9 opinions
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Gould v. Cates Chair Co.Supreme Court of Alabama · 1906
- Associates Discount Corp. v. C. E. Fay Co.Massachusetts Supreme Judicial Court · 1940
- Frank v. HoeyMassachusetts Supreme Judicial Court · 1880
- R. T. Adams Co. v. IsraelMassachusetts Supreme Judicial Court · 1923
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