Vincent v. Leland
Massachusetts Supreme Judicial Court
Contract on the defendant’s warranty of the quality of cider sold by him to the plaintiffs. Writ dated October 19, 1867 At the trial in the superior court, before Reed, J., it appeared ill evidence that, in the autumn of 1866, the plaintiffs, whose place of business was in Boston, gave to the defendant, who lived in West Acton, an order for two hundred and fifty barrels of cider ; that the defendant sent the barrels of cider, in three lots, at different times during January…
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Contract on the defendant’s warranty of the quality of cider sold by him to the plaintiffs. Writ dated October 19, 1867 At the trial in the superior court, before Reed, J., it appeared ill evidence that, in the autumn of 1866, the plaintiffs, whose place of business was in Boston, gave to the defendant, who lived in West Acton, an order for two hundred and fifty barrels of cider ; that the defendant sent the barrels of cider, in three lots, at different times during January and the early part of February 1867, to the plaintiffs at Boston, who received them, placed them in their cellar, and…
1Opinion of the CourtChapman, C. J.
1. The instructions given to the jury in regard to the sale were correct, and were applicable to the evidence as reported. The warranty is alleged to have been made, at an interview between the parties, when the defendant came to Boston, bringing a paper containing the number and gouge of the barrels, or a bill of sale or parcels of the cider, (the evidence not being clear which it was,) and requesting a settlement. They agreed upon the price to be paid; a settlement was made, and payment was made. Although the cider had been previously received, yet it was competent to the jury to find upon…
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