Fisher v. Boynton

Supreme Judicial Court of Maine

Fisher v. Boynton

32 A. 995, 87 Me. 395, 1895 Me. LEXIS 68

DecidedApril 11, 1895

StatusPublished

This text of 32 A. 995 (Fisher v. Boynton) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fisher v. Boynton, 32 A. 995, 87 Me. 395, 1895 Me. LEXIS 68 (Me. 1895).

Pincite

Opinion

Walton, J.

We think this case was correctly decided. The defendant gave a written order for five thousand cigars, " twenty-[399]*399five hundred to be shipped at once, and the balance on call.” Having waited nineteen days, and having heard nothing from his order, he countermanded it and bought cigars elsewhere. The justice of the Superior Court, by whom the case was tried without a jury, decided that the delay was unreasonable, and that the action to recover the price of the cigars was not maintainable. It is the opinion of the court that the decision was right.

Exceptions overruled.

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Walton, J.

We think this case was correctly decided. The defendant gave a written order for five thousand cigars, " twenty-[399]*399five hundred to be shipped at once, and the balance on call.” Having waited nineteen days, and having heard nothing from his order, he countermanded it and bought cigars elsewhere. The justice of the Superior Court, by whom the case was tried without a jury, decided that the delay was unreasonable, and that the action to recover the price of the cigars was not maintainable. It is the opinion of the court that the decision was right.

Exceptions overruled.

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Bluebook (online)

32 A. 995, 87 Me. 395, 1895 Me. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-boynton-me-1895.