2 Years Transportation Progress Volume 102 by National Reporter System
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...question as to what the oral agreement in fact was. Both the witnesses for the plaintiff and the defendant seem to have been entirely fair in their testimony, and the whole controversy appears to have arisen from the fact that some one made a mistake and failed to transmit to the Boston office of defendant an order reading like the one sent to the plaintiffs. The order transmitted to the Boston office was the same as that transmitted to the plaintiff, except that there was written on it these words:, "If you cannot fill order this way do not ship it." The theory of the plaintiffs upon the trial was that this addition not being on the sales slip which defendant forwarded to them, there was a binding agreement on the part of the defendant to fill the order; and it was assumed by the trial court that the oral evidence upon which plaintiffs announced that they relied for their contract, in no way contradicted this. In that respect the learned trial court fell into error, for Courtney, the sales agent, testified that when the order was given at plaintiffs' place of business, one of the plaintiffs said to him that the lumber must average a better run of width and length than the cargo they had just bought or they would not accept it, and that he replied "that makes a difference" and then put on his memorandum of the order the following: "Must be better average run of widths and lengths or else do not ship," and handed this memorandum so written to one of the plaintiffs to read over, and that the memorandum embodied the conversation then had on that subject. This testimony was not substantially contradicted, and Vollweiler, with whom it was claimed to have been had, was not produced as a witness. Aside from the question as to whether ...
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Author: National Reporter System
Number of Pages: 690 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781130009040
File Name: 2.Years.Transportation.Progress.Volume.102.pdf
Download Link: 2 Years Transportation Progress Volume 102
---------------------------------------------------------------
Author: National Reporter System
Number of Pages: 690 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781130009040
File Name: 2.Years.Transportation.Progress.Volume.102.pdf
Download Link: 2 Years Transportation Progress Volume 102
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...question as to what the oral agreement in fact was. Both the witnesses for the plaintiff and the defendant seem to have been entirely fair in their testimony, and the whole controversy appears to have arisen from the fact that some one made a mistake and failed to transmit to the Boston office of defendant an order reading like the one sent to the plaintiffs. The order transmitted to the Boston office was the same as that transmitted to the plaintiff, except that there was written on it these words:, "If you cannot fill order this way do not ship it." The theory of the plaintiffs upon the trial was that this addition not being on the sales slip which defendant forwarded to them, there was a binding agreement on the part of the defendant to fill the order; and it was assumed by the trial court that the oral evidence upon which plaintiffs announced that they relied for their contract, in no way contradicted this. In that respect the learned trial court fell into error, for Courtney, the sales agent, testified that when the order was given at plaintiffs' place of business, one of the plaintiffs said to him that the lumber must average a better run of width and length than the cargo they had just bought or they would not accept it, and that he replied "that makes a difference" and then put on his memorandum of the order the following: "Must be better average run of widths and lengths or else do not ship," and handed this memorandum so written to one of the plaintiffs to read over, and that the memorandum embodied the conversation then had on that subject. This testimony was not substantially contradicted, and Vollweiler, with whom it was claimed to have been had, was not produced as a witness. Aside from the question as to whether ...
Read online 2 Years Transportation Progress Volume 102 Buy 2 Years Transportation Progress Volume 102 Download and read 2 Years Transportation Progress Volume 102 ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent Download to iPad/iPhone/iOS, B&N nook 2 Years Transportation Progress Volume 102
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Blackwell's Five-minute Veterinary Consult: Canine and Feline PDA : Laboratory Tests and Diagnostic Procedures download pdf