Freeman v. Nichols

Massachusetts Supreme Judicial Court

Freeman v. Nichols

116 Mass. 309, 1874 Mass. LEXIS 93

CourtMassachusetts Supreme Judicial Court

DecidedNovember 21, 1874

StatusPublished

Cited by7 cases

This text of 116 Mass. 309 (Freeman v. Nichols) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Freeman v. Nichols, 116 Mass. 309, 1874 Mass. LEXIS 93 (Mass. 1874).

Pincite

Opinion

Gray, C. J.

An unconditional delivery of goods sold for cash is a waiver of any condition in the sale, and the seller cannot afterwards assert a title to the goods. Upton v. Sturbridge Cotton Mills, 111 Mass. 446. Goodwin v. Boston & Lowell Railroad, Ib. 487. Haskins v. Warren, 115 Mass. 514. The evidence at the trial tended to prove a sale for cash, and a delivery without condition. The instruction given to the jury implied that some other evidence of waiver was necessary to prevent the maintenance of the action. Exceptions sustained.

Free access — add to your briefcase to read the full text and ask questions with AI

Gray, C. J.

An unconditional delivery of goods sold for cash is a waiver of any condition in the sale, and the seller cannot afterwards assert a title to the goods. Upton v. Sturbridge Cotton Mills, 111 Mass. 446. Goodwin v. Boston & Lowell Railroad, Ib. 487. Haskins v. Warren, 115 Mass. 514. The evidence at the trial tended to prove a sale for cash, and a delivery without condition. The instruction given to the jury implied that some other evidence of waiver was necessary to prevent the maintenance of the action. Exceptions sustained.

Cite This Page — Counsel Stack

Bluebook (online)

116 Mass. 309, 1874 Mass. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-v-nichols-mass-1874.

Opinion

Related

Cite This Page — Counsel Stack