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" ... and pay him for his trouble. When the evidence was closed the counsel for the defendant stated that he should not question the fact that the parties were mutually in error in supposing that 500 bushels of oats had been put on board when in fact only... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature ... - Página 175
de New York (State). Supreme Court, John Lansing Wendell - 1846
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Digest of the Decisions of the Courts of Common Law and Admiralty ..., Volume 3

Theron Metcalf, Jonathan Cogswell Perkins - 1863 - 794 páginas
...been written and erased, but, by close examination, certain letters in the word might be seen ; and the judge charged the jury that, if they should find that the note was so intended to be indorsed, and the word "renewal" had been written, though erased, yet if,...
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Pennsylvania Law Journal Reports: Containing Cases Decided by the ..., Volume 1

John Alexander Clark - 1872 - 596 páginas
...to have been originally due, left a balance due to the plaintiff not exceeding one hundred dollars. The judge charged the jury, that if they should find that the plaintiff's demand was by direct payment and not by set-off, reduced to a sum not exceeding $100, the...
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A Treatise on the Law of Trespass in the Twofold Aspect of the ..., Volume 1

Thomas Whitney Waterman - 1875 - 756 páginas
...employees had committed Or intended to commit them. In an action of trespass quare clausum fregit, the judge charged the jury that, if they should find that the defendant employed workmen to cut and convert into coal wood upon his land, and deliver the coal at...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 9

1880 - 688 páginas
...evidence tending to show that the butter account belonged to the plaintiff, to the defendants' knowledge. The judge charged the jury that if they should find that the defendants knew that the butter account was owned by the plaintiff, and that Hayes simply acted as...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 14

1884 - 628 páginas
...the hooks, and it fell, striking the plaintiff violently on the head and injuring him. At the trial the judge charged the jury, that if they should find that the porter went into the store with the knowledge or permission of the defendants, he so far became their...
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The American Decisions: Containing All the Cases of General Value ..., Volume 23

1886 - 868 páginas
...negligence in failing to sue, particularly at his own expense. These instructions were refused, and the judge charged the jury that if they should find that the defendant might, by due diligence, between the matur524 1'OLSOM f. MUSSET. [Maine. ity of tbe iiote...
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A Selection of Cases on the Law of Quasi-contracts, Volumes 1-2

William Albert Keener - 1888 - 1234 páginas
...recover. He also insisted that the proof varied from the bill of particulars ; and thirdly, that at nll events the plaintiff was only entitled to recover...parties at the time of the bargain in reference to the 1900 bushels were in error as to the quantity measured, and supposed that 500 bushels had been measured...
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Modern American Law: A Systematic and Comprehensive Commentary on ..., Volume 7

Eugene Allen Gilmore, William Charles Wermuth - 1914 - 888 páginas
...quantity, that he told them that if they were dissatisfied with the quantity, to put the oats back in the storehouse, and pay him for his trouble. When...parties at the time of the bargain in reference to the 1900 bushels were in error as to the quantity measured, and supposed that 500 bushels had been measured...
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Cases in Quasi Contract: Selected from Decisions of English and American Courts

Edward Sampson Thurston - 1916 - 652 páginas
...delivered, and "that in measuring said oats" a mistake was made, whereby the plaintiff paid the defendant "for about 300 bushels more oats than he received."...was entitled to recover for the deficiency of the 1,900 bushels. The jury found a verdict for the plaintiff for $190. The defendant moves for a new trial....
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Cases on Criminal Law

Augustin Derby - 1923 - 856 páginas
...some of the articles which were in the box at the time, and were prosecuted for larceny. On the trial the judge charged the jury that if they should find that the defendants took the package in question upon an agreement to take the same to New Haven and deliver...
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