Newhall v. Langdon
Ohio Supreme Court
Error to tbe District Court of Hamilton county. Tlie plaintiffs, Newhall, Gale & Co., brought an action against defendants, Langdon & Son, to recover for fifty barrels of flour sold and delivered, based upon t e following account: Cincinnati, August 28, 1876. Sol. Langkdon & Son, ' Bought of Newhall, Gale & Co., Flour and Grain Commission Merchants, and Healers in Mill Feed, Terms Cash. No. 86 West Front Street. 50 Bbls.
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Error to tbe District Court of Hamilton county. Tlie plaintiffs, Newhall, Gale & Co., brought an action against defendants, Langdon & Son, to recover for fifty barrels of flour sold and delivered, based upon t e following account: Cincinnati, August 28, 1876. Sol. Langkdon & Son, ' Bought of Newhall, Gale & Co., Flour and Grain Commission Merchants, and Healers in Mill Feed, Terms Cash. No. 86 West Front Street. 50 Bbls. “Our Pet” Flour, 5.15, . . . $257.50 By Cash, Nov. 1,......87.25 Bal. . . . $170.25 The answer admits the purchase of seventeen barrels at the price stated, avers payment…
1Opinion of the Court
Johnson, C. J'.
Since the decision of Whitehouse v. Frost, 12 East, 614, the cases bearing on the question here involved have been numerous, but by no means uniform. The tendency of the more recent cases has been to follow that case, though its correctness has been ably challenged. This tendency has arisen out of the apparent necessity of adapting the principles of the common law to the changes in the new methods adopted for the transaction of business.
The accepted principles of right and justice form the groundwork of the law of contracts. In all questions involving contract relations, the…
2Cases cited5 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Chapman v. ShepardSupreme Court of Connecticut · 1872
- Cloud v. MoormanIndiana Supreme Court · 1862
- Young v. MilesWisconsin Supreme Court · 1869
- Boswell v. LairdCalifornia Supreme Court · 1857