Gossler v. Eagle Sugar Refinery
Massachusetts Supreme Judicial Court
Contract on an account annexed for Manila sugar sold by the plaintiffs to the defendants. Trial, and verdict for the plaintiffs, in the superior court, before Brigham, C. J., who allowed the following bill of exceptions: “ There was evidence tending to prove that the sale of the sugar in dispute was made through a broker, and the sale note was as follows : ‘ Boston, May 12,1868. Sold to Eagle Sugar Refinery, for account of Messrs. Gossler & Co., 3400 bags Manila sugar.
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Contract on an account annexed for Manila sugar sold by the plaintiffs to the defendants. Trial, and verdict for the plaintiffs, in the superior court, before Brigham, C. J., who allowed the following bill of exceptions: “ There was evidence tending to prove that the sale of the sugar in dispute was made through a broker, and the sale note was as follows : ‘ Boston, May 12,1868. Sold to Eagle Sugar Refinery, for account of Messrs. Gossler & Co., 3400 bags Manila sugar. Ex Medena. @ 10& less 2¿ cash. Duty to be at rate of 39^ % premium. Jos. B. Glover & Co., Merchandise Brokers ; ’ that after…
1Opinion of the CourtAmes, J.
The only approach to a warranty in the sale to the defendants is to be found in the descriptive words “ Manila sugar,” contained in the bill of sale. Upon this point the jury were correctly instructed that, in deciding whether the article *334actually delivered corresponded to that description, they were simply to make up their minds whether it was such sugar as is usually known in commerce, under that name. Was it an article which in commercial language passes for, and is properly and usually known as, Manila sugar ? This question the jury have answered in the affirmative, and it therefore must…
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