Harold Klein & Co. v. Jewelers

The plaintiff, a wholesale jeweler, seeks to recover from the defendant, a retail jeweler, the wholesale price of two diamonds which were sent to the defendant and never returned. The trial in the superior court resulted in a verdict for the defendant. The plaintiff excepted to the denial of its motions for summary judgment and to set aside the verdict. The questions of law raised by those exceptions were reserved and transferred to this court by Morris, J.

There was evidence that the parties had a long standing business relationship whereby plaintiff would deliver jewels to defendant who…