Morris Spirt & Co. v. Prior
Supreme Court of Connecticut
Action to recover for merchandise sold and delivered, brought to the City Court of Waterbury and transferred, upon motion of the defendant, to the District Court of Waterbury and tried to the jury before Peasley, J.; verdict and judgment for the defendant upon her counterclaim, and appeal by the plaintiff. The plaintiff brought this action to recover the price of five barrels of sugar alleged to have been sold and delivered to the defendant for $8.75 per one hundred pounds.
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Action to recover for merchandise sold and delivered, brought to the City Court of Waterbury and transferred, upon motion of the defendant, to the District Court of Waterbury and tried to the jury before Peasley, J.; verdict and judgment for the defendant upon her counterclaim, and appeal by the plaintiff. The plaintiff brought this action to recover the price of five barrels of sugar alleged to have been sold and delivered to the defendant for $8.75 per one hundred pounds. The defendant admitted that the five barrels of sugar were sold and delivered to her, and also averred, in her amended…
1Opinion of the CourtRoraback, J.
The ruling upon the demurrer becomes unimportant, as the same question is presented to us in the plaintiff’s request to charge, in which the court was asked to instruct the jury that “the allegation in paragraph three of the answer, that the buyer accepted and actually received five barrels of sugar as part of the thirty-five barrels bought of the seller on such contract, even if true, is not alone sufficient, in an action by the buyer against the seller for nondelivery of goods of a value of one hundred dollars or more, or as a defense in this action, or upon the counterclaim in this action,…
2Cases cited2 opinions
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
- Kilday v. SchancuppSupreme Court of Connecticut · 1916
3Cited by1 opinion
- Lewis A. Crossett Co. v. American Polish Corp.Supreme Court of Connecticut · 1922