Foster v. Rockwell
Massachusetts Supreme Judicial Court
Contract for the price of twenty-five bags of nitrate of soda, as goods sold and delivered to the defendant; submitted to the judgment of the court on facts agreed substantially as follows, “ the court to draw all such inferences as a jury would be authorized to draw.” The plaintiffs were merchants.in Boston; the defendant a manufacturer of gunpowder in South wick.
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Contract for the price of twenty-five bags of nitrate of soda, as goods sold and delivered to the defendant; submitted to the judgment of the court on facts agreed substantially as follows, “ the court to draw all such inferences as a jury would be authorized to draw.” The plaintiffs were merchants.in Boston; the defendant a manufacturer of gunpowder in South wick. On October 19, 1868, the defendant wrote to the firm of Cushing, Porter & Cades, merchandise brokers in Boston, the following order: “ You will please send me twenty-five, bags nitrate of soda at your earliest convenience.” This…
1Opinion of the CourtColt, J.
The only question in this case relates to the authority of the agents to bind their principal in the purchase of the property, the price of which is sued for. If they had authority, then the sale was completed by the delivery of the merchandise in dispute to a common carrier in New York, and the risk of its loss was upon the defendant.
The agents employed were merchandise brokers living in Boston. On the 19th of October they received an order from the defendant for a specified quantity of nitrate of soda, to be sent at the earliest convenience, but without express limitation as to price or…
2Cited by30 opinions
- DiLorenzo v. Atlantic National BankMassachusetts Supreme Judicial Court · 1932
- Calkins v. Wire Hardware Co.Massachusetts Supreme Judicial Court · 1929
- Boice-Perrine Co. v. KelleyMassachusetts Supreme Judicial Court · 1923
- Union Old Lowell National Bank v. PaineMassachusetts Supreme Judicial Court · 1945
- Metcalf v. WilliamsMassachusetts Supreme Judicial Court · 1887
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