Legal Opinion

Whitney v. Thacher

Massachusetts Supreme Judicial Court

Decided May 8, 1875PublishedCited by 37 opinions

Contbaot upon the following agreement in writing, signed by J. C. Rogers & Co., merchandise brokers : 6 Boston, Feb. 9, 1872. Sold to Messrs. Thacher & Co., for account of Messrs. I. G. Whitney & Co., 250 bales gunny bags to arrive at New York or Brooklyn from Calcutta per ship British Monarch, and to average by invoice 440 lbs. gross per bale or no sale, buyer’s option. To be decided on receipt of invoice at llr cents per bag gold in bond cash.

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Contbaot upon the following agreement in writing, signed by J. C. Rogers & Co., merchandise brokers : 6 Boston, Feb. 9, 1872. Sold to Messrs. Thacher & Co., for account of Messrs. I. G. Whitney & Co., 250 bales gunny bags to arrive at New York or Brooklyn from Calcutta per ship British Monarch, and to average by invoice 440 lbs. gross per bale or no sale, buyer’s option. To be decided on receipt of invoice at llr cents per bag gold in bond cash. To be of merchantable quality and deliverable sound and in good order from ship. It is guaranteed by sellers that duty on above bags shall not exceed…

1Opinion of the CourtWells, J.

The only question upon the instructions, which has been pressed in argument here, is that arising upon the provision, in the written memorandum of sale, in these words”: “ To average by invoice 440 pounds gross per bale or no sale.” The ten bales first weighed averaged about 450 pounds, and all were over 440 pounds in weight. The defendants asked for instructions that if the goods averaged more than 440 pounds per bale, the plaintiffs could not recover. This was refused, and the jury were instructed that such an excess as that named would not enable the defendants to avoid the contract for…

2Cited by37 opinions

  1. Sharp v. United StatesSupreme Court of the United States · 1903
  2. National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
  3. White v. SolomonMassachusetts Supreme Judicial Court · 1895
  4. Hine v. Manhattan Railway Co.New York Court of Appeals · 1892
  5. Acme Food Co. v. OlderWest Virginia Supreme Court · 1908

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