Frost v. Lowry
Ohio Supreme Court
This cause comes into this Court by a Writ or Error to the Supreme Court of Lucas County, made returnable in Bank. ■ i The original suit was replevin, commenced in the Court of Common Pleas by the defendants against the plaintiff in error, and verdict and judgment in their favor.
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This cause comes into this Court by a Writ or Error to the Supreme Court of Lucas County, made returnable in Bank. ■ i The original suit was replevin, commenced in the Court of Common Pleas by the defendants against the plaintiff in error, and verdict and judgment in their favor. A bill of exceptions was taken, during the trial in the common pleas, from which the following facts appear: One Nathan L. Stout, on the 6th day of July, 1843, purchased of the Lowrys, defendants in error, in the city of New York, a bill of goods amounting to the sum of $ 1,565.38, for which he gave, at the time of…
1Opinion of the Court
Woox>, C. J.
One question only is raised upon this record by the counsel for the plaintiff in error: whether, under the circumstances of the case, the defendants in error could legally rescind the contract for the purchase of the goods, without the return of Eustaphieve’s acceptance- to the purchaser, Nathan L. Stout ? A determination of this one question, decides whether the Supreme Court erred or not, on the circuit, in affirming the judgment of the Court of Common Pleas, in refusing to charge the jury, that, without such return, the defendants in error were entitled to recover.
The evidence…
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