Frank v. Hoey
Massachusetts Supreme Judicial Court
Contract on an account annexed for intoxicating liquors sold and delivered. Answer, that the liquors were sold in violation of the St. of 1875, c. 99. At the trial in the Superior Court, before Bacon, J., the plaintiff introduced evidence tending to show that he sent his agent from.
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Contract on an account annexed for intoxicating liquors sold and delivered. Answer, that the liquors were sold in violation of the St. of 1875, c. 99. At the trial in the Superior Court, before Bacon, J., the plaintiff introduced evidence tending to show that he sent his agent from. Boston to Natick, where the defendant did business, to solicit orders for liquors, subject to the plaintiff’s approval; that the agent received verbal orders for liquors from the defendant, which he delivered to the plaintiff on his return to Boston ; that the plaintiff put up the goods mentioned in the orders,…
1Opinion of the CourtAmes, J.
If, as the plaintiff contended, the negotiations between his agent and the defendant were subject to his approval, they did not amount to a sale or a binding contract of sale, until that approval had been given. It would be the case of an order for goods which the vendor might accept or reject as he pleased. The prices, quantities, and qualities might be designated in the order, and all that remained to be done on the vendor’s part might be (if he concluded to make the sale) to select the goods from his general stock and in some mode to set them apart; but until this should be done, there…
2Cases cited4 opinions
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- Suit v. WoodhallMassachusetts Supreme Judicial Court · 1873
- Finch v. MansfieldMassachusetts Supreme Judicial Court · 1867
- Clough v. WhitcombMassachusetts Supreme Judicial Court · 1870
3Cited by10 opinions
- Berger v. StateSupreme Court of Arkansas · 1887
- Sarbecker v. StateWisconsin Supreme Court · 1886
- Dr. A. P. Sawyer Medicine Co. v. JohnsonMassachusetts Supreme Judicial Court · 1901
- United States v. ClineDistrict Court, W.D. North Carolina · 1885
- Herron v. StateSupreme Court of Arkansas · 1888
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