Cunningham Lumber Co. v. Mayo
Supreme Court of Connecticut
Action for lumber sold and delivered, brought to the Superior Court for New Haven County and tried to the court, Shumway, J. Judgment for plaintiff to recover $2,586.03, from which it appealed. The bill of particulars was for “ 356,997 feet yellow pine lumber, Provincetown shipment, at $21, $7,496.94.” The following facts were specially found: The lumber specified was ordered at the price named, “ delivered in the water at Provincetown, Mass.”
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Action for lumber sold and delivered, brought to the Superior Court for New Haven County and tried to the court, Shumway, J. Judgment for plaintiff to recover $2,586.03, from which it appealed. The bill of particulars was for “ 356,997 feet yellow pine lumber, Provincetown shipment, at $21, $7,496.94.” The following facts were specially found: The lumber specified was ordered at the price named, “ delivered in the water at Provincetown, Mass.” It was shipped to Province-town, invoiced to the plaintiff, and most of the cargo was there discharged into the water and then gathered in rafts and…
1Opinion of the CourtBaldwin, J.
The plaintiff alleged that certain goods were sold and delivered to the defendant at an agreed price. This was traversed, and the issue has been found for the plaintiff as to part of the goods, and part only. If all the goods were delivered, the judgment is wrong. As to this, the special finding of facts does not state in terms that any were delivered, but does state that part came into the defendant’s possession and use. That being so, it was immaterial, except as to a question of pleading, whether such part were delivered or not; and no question of pleading has been made before us.
It is…
2Cited by4 opinions
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