Richmond Manuf'g Co. v. Starks
U.S. Circuit Court for the District of Rhode Island
Assumpsit against the defendants [Henry Starks and others] as factors of the plaintiffs, for the sale of certain cotton goods. Plea, the general issue. At the trial the facts were, that the plaintiffs had consigned to the defendants, who were merchants at New Orleans, sundry cotton goods for sale, with orders not to sell the same at a price below eighteen cents per yard.
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Assumpsit against the defendants [Henry Starks and others] as factors of the plaintiffs, for the sale of certain cotton goods. Plea, the general issue. At the trial the facts were, that the plaintiffs had consigned to the defendants, who were merchants at New Orleans, sundry cotton goods for sale, with orders not to sell the same at a price below eighteen cents per yard. The defendants kept the goods on hand a considerable time, being unable to sell them at the limits; and finally, without receiving any other orders, sold the goods at prices below the limits, from thirteen cents per yard and…
1Opinion of the Court
STORY, Circuit Justice.
The court are decidedly of opinion, that the plaintiffs are not entitled to recover. The conduct of the plaintiffs amounted to a full ratification of the sales by the defendants. It was their duty, upon receiving the letter and account of *748sales, to have expressed their dissatisfaction, within a reasonable time. So far from so doing, they have repeatedly written since, without the slightest complaint, and drawn for the whole balance. This is a complete acquiescence in the acts of the defendants. It amounts to a virtual adoption of the sale. A subsequent confirmation is…
2Cited by11 opinions
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
- Byrne v. Doughty & BeallSupreme Court of Georgia · 1853
- Meyer, Weiss & Co. v. MorganMississippi Supreme Court · 1875
- Armstrong v. GilchristNew York Supreme Court · 1800
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