Massachusetts Reports Volume 235

Massachusetts Reports Volume 235

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...CnosnY, J. This is an action to recover upon an account annexed for automobile spark plugs sold and delivered by the plaintiff to the defendant. At the close of the evidence, on motion of the plaintiff, the trial judge ordered the jury to return a verdict for the plaintiff for the full amount named in the declaration. To that order the defendant excepted. At the trial the defendant admitted the receipt of the goods and that the market price was as stated in the account annexed. The goods were sold in accordance with a written order signed by the defendant, which contains among other provisions the following: "Returns: No goods to be returned without permission of the Benford Manufacturing Company." "No agreements other than those written on this order will be recognized. "Verbal agreements with salesman will not be recognized." The defendant contended and offered evidence to show that when it first began making purchases from the plaintiff the salesman of the latter told the defendant's purchasing agent that if any automobile plugs purchased were not salable the plaintiff would accept them for sizes that were salable. There was evidence that when the goods in question were ordered the defendant's president, Cronin, had a conversation with the plaintiff's salesman respecting the return of some plugs previously purchased which were claimed by Cronin to be unsalable, and the salesman then stated that he had no authority to accept the plugs, and that it would be entirely Within the power of the plaintiff to give such authority; and that a memorandum was made on the order blank for the plaintiff to advise the defendant whether or not the exchange could be made, as follows: "Look up letter more

Product details

  • Paperback
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236939646
  • 9781236939647