Cummins v. Beaumont

SOMERYILLE, J,

This is an action of detinue, brought for the recovery of a piano, which was hired by the appellant, Cummins, to one Mrs. Phillips, and by her sold to the appel-lee, Beaumont. The contract was in writing, and from its terms was a mere bailment, and not a conditional sale. The intention of the parties, as expressed in this letting for hire, is evidently to repudiate expressly the idea of a safe*. Mrs. Phillips was, at the same time, constituted by Cummins as his agent to sell pianos and organs; and the authority was also in writing. She was to receive commissions on all sales of…