Neal v. Flint
Supreme Judicial Court of Maine
On motion and exceptions. This was an action of assumpsit for non-delivery of goods sold, and an independent and collateral, verbal guaranty on the part of the defendant that the goods and chattels, so sold and described, comprised all and the same that were at Winter Harbor in October, 1890, some seven months before the sale. Plea was the general issue. The verdict was for the plaintiff.
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On motion and exceptions. This was an action of assumpsit for non-delivery of goods sold, and an independent and collateral, verbal guaranty on the part of the defendant that the goods and chattels, so sold and described, comprised all and the same that were at Winter Harbor in October, 1890, some seven months before the sale. Plea was the general issue. The verdict was for the plaintiff. In 1889 one Roderick Pendleton gave to the'defendant as security fora loan, a mortgage of certain boats, canoes and appurtenances. In the fall of 1890, the mortgage still subsisting, the plaintiff Neal being…
1Opinion of the CourtFoster, J.
The plaintiffs entered into negotiations with the defendant whereby he was to sell them certain boats, canoes, sails, oars, paddles, furniture and other fittings then stored at Winter Harbor. Two or three interviews were had in Boston, the defendant’s place of residence, before the bargain was struck'.
It became a question of fact at the trial what the contract was,— whether the bill of sale which the defendant gave to the plaintiffs embraced the whole contract between the parties, or whether there was a collateral agreement incidentally connected with the stipulations contained in the bill of…
2Cases cited2 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Willis v. HulbertMassachusetts Supreme Judicial Court · 1875
3Cited by5 opinions
- Interstate Industrial Uniform Rental Service, Inc. v. F. R. Lepage Bakery, Inc.Supreme Judicial Court of Maine · 1980
- Doolittle v. J. C. Murray & Co.Supreme Court of Iowa · 1907
- North American Transportation & Trading Co. v. SamuelsCourt of Appeals for the Ninth Circuit · 1906
- Rogers v. ZielinskiSupreme Court of Rhode Island · 1961
- Delahanty v. Chicoine Motor Sales, Inc.Supreme Judicial Court of Maine · 1956