Downs v. Marsh
Supreme Court of Connecticut
General assumpsit, brought to recover the price of certain pumps claimed by the plaintiffs to have been sold and delivered by them to tlie defendant. The case was tried to the court on the general issue.
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General assumpsit, brought to recover the price of certain pumps claimed by the plaintiffs to have been sold and delivered by them to tlie defendant. The case was tried to the court on the general issue. Shortly before the 30th of April, 1851, the defendant had ordered the pumps in question, together with certain other pumps and pipe-boxes, by a letter addressed to the plaintiffs at Seneca Falls, their place of business, the defendant then living at Ware, in the state of Massachusetts. The plaintiffs on the 30th of April sent the pumps in question by railroad, directed to the defendant at…
1Opinion of the CourtSanford, J.
This is an action of assumpsit, in which the plaintiffs claim to recover for goods sold. The defendant, living at Ware, ordered the pumps for which the suit was brought, together with certain pipe-boxes and deep well pumps, to be sent to him by the plaintiffs, pump manufacturers at Seneca Falls. The plaintiffs put up and shipped the pumps sued for, as directed in the order, (but not the pipe-boxes or deep well pumps,) and forwarded to the defendant a regular *413bill of parcels of the goods sent, together with a letter informing him of the fact of their shipment “ to him,” and stating the reason…
2Cases cited1 opinion
- Corning & Norton v. Colt & NowlandNew York Supreme Court · 1830
3Cited by3 opinions
- Urbansky v. KutinskySupreme Court of Connecticut · 1912
- Bartholomae & Co. v. PaullWest Virginia Supreme Court · 1881
- Lewis A. Crossett Co. v. American Polish Corp.Supreme Court of Connecticut · 1922