Bisbee v. Pulpit Farm Dairy
Supreme Court of New Hampshire
Assumpsit, for milk sold. Trial by jury. The evidence tended' to prove that the plaintiff, who had been shipping milk from his-farm in Vermont to the defendants in Manchester, N. H., for a year or more, leased his farm in October, 1914, and agreed with the-tenant that he should continue to ship milk to them but should ship it in the plaintiff’s name, who should collect payment therefor and, after deducting his rent, turn the balance over to the tenant.
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Assumpsit, for milk sold. Trial by jury. The evidence tended' to prove that the plaintiff, who had been shipping milk from his-farm in Vermont to the defendants in Manchester, N. H., for a year or more, leased his farm in October, 1914, and agreed with the-tenant that he should continue to ship milk to them but should ship it in the plaintiff’s name, who should collect payment therefor and, after deducting his rent, turn the balance over to the tenant. On July 21, 1915, one of-the city inspectors found that two cans of the plaintiff’s milk were not up to standard and, on August 6, three more…
1Opinion of the Court
Youno J.
The defendants say their motion for a directed verdict should have been granted because it cannot be found (1) that any of the milk was up to standard; (2) that the agreement of September 1 was illegal; and (3) that the plaintiff did not accept the check in settlement of the account.
1. The evidence relevant to the issue whether the milk was up to standard was that it was all right when the city inspected it on August 31; that the defendants accepted it without complaint and used it in their business; and that notwithstanding they inspected it as it was unloaded from the cars they did…
2Cases cited1 opinion
- Pike v. BuzzellSupreme Court of New Hampshire · 1910