Fleischer v. Wein
Supreme Court of Connecticut
Action to recover for merchandise alleged to have been sold and delivered to the defendant, brought to and tried by the Court of Common Pleas in Fairfield County, Walsh, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. The defendant, a resident of Greenwich, was, for a period of time prior to July 29th, 1915, the owner of a grocery store in that town, which, until sometime in May, 1915, he personally conducted.
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Action to recover for merchandise alleged to have been sold and delivered to the defendant, brought to and tried by the Court of Common Pleas in Fairfield County, Walsh, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. The defendant, a resident of Greenwich, was, for a period of time prior to July 29th, 1915, the owner of a grocery store in that town, which, until sometime in May, 1915, he personally conducted. In May, 1915, he accepted employment as a chauffeur, and the store was then conducted by his brothers. July 29th, 1915, he made a bona fide sale of…
1Opinion of the CourtPrentice, C. J.
The plaintiff seeks recovery for goods sold and delivered by him, upon order, to a store in Greenwich. Abraham Wein, the defendant’s father, was the proprietor of this store. The defendant, during the whole period covered by the plaintiff's dealings with it, had no other connection with it, or interest in the business there carried on, than as his father’s agent in its management. He cannot, therefore, be held liable for the plaintiff’s account, a rightful charge against his father, unless the goods whose sale and delivery furnish the basis of it, were sold and delivered upon the defendant’s…
2Cited by3 opinions
- Zaist v. OlsonSupreme Court of Connecticut · 1967
- Kruse v. FerberSupreme Court of New Jersey · 1918
- Zaist v. OlsonSupreme Court of Connecticut · 1967