U.S. Circuit Court for the District of Rhode Island, 1826

Richmond Manuf'g Co. v. Starks

Richmond Manuf'g Co. v. Starks
U.S. Circuit Court for the District of Rhode Island · Decided November 15, 1826 · Story
20 F. Cas. 747; 4 Mason C.C. 296
Richmond Manuf'g Co. v. Starks

Opinion of the Court

STORY, Circuit Justice.

The court are decidedly of opinion, that the plaintiffs are not entitled to recover. The conduct of the plaintiffs amounted to a full ratification of the sales by the defendants. It was their duty, upon receiving the letter and account of *748sales, to have expressed their dissatisfaction, within a reasonable time. So far from so doing, they have repeatedly written since, without the slightest complaint, and drawn for the whole balance. This is a complete acquiescence in the acts of the defendants. It amounts to a virtual adoption of the sale. A subsequent confirmation is equivalent to an original authority. If a merchant neglects, after a reasonable time, to object to an account current, he is deemed to acquiesce in it; and it is treated as an account stated. See Tickel v. Short, 2 Ves. Sr. 239; Willis v. Jernegan, 2 Atk. 251. Judgment for the defendant.

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