Clark v. Moody
Massachusetts Supreme Judicial Court
This was assumpsit on a promise to account for sundry goods and merchandise, sent by the plaintiff, a merchant in Boston, to the defendants, commission merchants in Philadelphia, to be there sold on account of the plaintiff.
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This was assumpsit on a promise to account for sundry goods and merchandise, sent by the plaintiff, a merchant in Boston, to the defendants, commission merchants in Philadelphia, to be there sold on account of the plaintiff. At a former term a rule had been entered into, referring the action to certain arbitrators; who had made a report in favor of the plaintiff for 181 dollars, as the balance due for the proceeds of th«r goods consigned to the defendants;, but they left the question whether costs should be recovered by the plaintiff, to the Court, to depend on the opinion whether, upon the…
1Opinion of the Court
* Parker, C. J.,
delivered the opinion of the Court.
We must understand that the merchandise was sent on to be sold, without any special instructions from the plaintiff, as to the disposition of the proceeds, and must gather the understanding and intention of the parties, as well as we can, from their acts and doings, relative to the subject matter of the contract between them.
The general rule laid down in the books is, that when goods are delivered to a factor, to be sold and disposed of for his principal, the law implies a promise on the part of the factor that he will render an account of…
2Cases cited1 opinion
- Ferris v. ParisNew York Supreme Court · 1813
3Cited by14 opinions
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- Harrington v. SmithWisconsin Supreme Court · 1871
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Rogers v. GoodwinMassachusetts Supreme Judicial Court · 1807
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
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