Massachusetts Supreme Judicial Court, 1874

Freeman v. Nichols

Freeman v. Nichols
Massachusetts Supreme Judicial Court · Decided November 21, 1874 · Gray
116 Mass. 309; 1874 Mass. LEXIS 93
Freeman v. Nichols

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

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.

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