Leedom v. Phillips
Supreme Court of Pennsylvania
Replevin for 7 boxes of Havana sugar of the value of 114I. 16s. rod. Plea, property in the defendant. It appeared in evidence, that the plaintiffs contracted with one Samuel Edwards to sell and deliver to him these sugars, on the 4th August 1794. The porter was directed by the plaintiffs, to place the boxes on the pavement before Edwards’s store, and to give them notice, when he was about to remove the last parcel.
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Replevin for 7 boxes of Havana sugar of the value of 114I. 16s. rod. Plea, property in the defendant. It appeared in evidence, that the plaintiffs contracted with one Samuel Edwards to sell and deliver to him these sugars, on the 4th August 1794. The porter was directed by the plaintiffs, to place the boxes on the pavement before Edwards’s store, and to give them notice, when he was about to remove the last parcel. This was done accordingly, and the articles were carried from the plaintiff’s store, on the morning of the next day, about nine o’clock, and one of the plaintiffs went with the…
1Opinion of the Court
The court in their charge to the jury said, that two facts presented themselves to their consideration, ist, Whether the goods were sold for cash to be paid on the delivery; and if so, 3d, whether the plaintiffs by their conduct, had waved the condition of the immediate receipt of the money.
On the first point, the jury were in possession of all the *5291 facts> * the bih °f parcels, and the books of the plain- -* tiffs, and could form their judgment on the whole collective evidence.
The second point occurs, supposing the agreement to have been for ready money. It appears that the boxes were placed…
2Cases cited1 opinion
- In re Saw-mill Run BridgeSupreme Court of Pennsylvania · 1877
3Cited by5 opinions
- Frech v. LewisSupreme Court of Pennsylvania · 1907
- Smith v. . LynesNew York Court of Appeals · 1851
- People's State Bank v. BrownSupreme Court of Kansas · 1909
- Neal, Morse & Co. v. BogganSupreme Court of Alabama · 1892
- Maley-Thompson & Moffett Co. v. Thomas Forman Co.Michigan Supreme Court · 1914