Illustrative Cases in Personalty
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Sleeper, 101 Mass. 138.
Sale of Goods " to arrive." Rogers v. Woodruff.
Supreme Court of Ohio, 1873.
23 Ohio St. 632.
Stone, J. The counter-claim of the defendant below is based upon an executory contract made October 13, 1862, by which, as defendant alleges, the plaintiffs sold and contracted to deliver to him by the 15th of November, then next ensuing, 3000 sacks of Liverpool salt. This allegation of the counter- claim is denied by the reply, and is not, in our judgment, sup- ported by the co...ntract given in evidence.
Effect is, of course, to be given to the words of the contract, "to arrive by the 15th of November," but the question is, What effect ? They are, as we think, words of condition and IN PERSONALTY — SALES. 325 ■description only, and cannot be construed as a warranty that the salt shall arrive.
They serve to distinguish the salt which was the subject of the contract from the mass of salt of the same variety found in the market. The salt jilaiutifls contracted to sell and defen- dants to buy, was not salt which plaintiffs may then have had on hand, or salt which had previously arrived.
What to read after Illustrative Cases in Personalty?
You can find similar books in the "Read Also" column, or choose other free books by William Sullivan Pattee to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Sleeper, 101 Mass. 138.
Sale of Goods " to arrive." Rogers v. Woodruff.
Supreme Court of Ohio, 1873.
23 Ohio St. 632.
Stone, J. The counter-claim of the defendant below is based upon an executory contract made October 13, 1862, by which, as defendant alleges, the plaintiffs sold and contracted to deliver to him by the 15th of November, then next ensuing, 3000 sacks of Liverpool salt. This allegation of the counter- claim is denied by the reply, and is not, in our judgment, sup- ported by the co...ntract given in evidence.
Effect is, of course, to be given to the words of the contract, "to arrive by the 15th of November," but the question is, What effect ? They are, as we think, words of condition and IN PERSONALTY — SALES. 325 ■description only, and cannot be construed as a warranty that the salt shall arrive.
They serve to distinguish the salt which was the subject of the contract from the mass of salt of the same variety found in the market. The salt jilaiutifls contracted to sell and defen- dants to buy, was not salt which plaintiffs may then have had on hand, or salt which had previously arrived.
What to read after Illustrative Cases in Personalty?
You can find similar books in the "Read Also" column, or choose other free books by William Sullivan Pattee to read onlineMoreLess
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