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Hanson holden to be in the case of Slubey v. Hey wood, 2 H. Bl.
504. Meter. Without, therefore, touching the question which has
been the Juivis05 main subject of argument in this case, and upon
which my opinion at Nisi Prius principally turned, and without in
any degree questioning the authority of the above mentioned two
cases from the Common Pleas, this verdict may be sustained, on the
ground that the weighing which was indispensably necessary to
precede the delivery of the goods, inasmuch as it "was necessary to
ascertain the price to be paid for them, had not been performed at
the time when the action was brought. The verdict therefore must
stand, and judgment be entered for the defendant. II.?RUGG v.
MINETT. May 9,1s09. In an action for money had and received by the
defendants to the use of the plaintiffs, a verdict was found for
the plain- 11 East 209. tiffs for 1415, subject to the opinion of
the Court upon the following case: ? On the 28th of April 1808, the
defendants, as prize agents to the Commissioners for the care and
disposal of Danish property, put up to public sale by auction, at
Dover, the cargo of a Danish ship in lots, and the lots No. 28 to
54 inclusive, consisted of turpentine in casks. The quantity
contained in each lot being marked on the catalogue thus: ?10 cwt.
3 qrs. 26 Ibs., the mode of bidding was this?each lot (except the
two last, which were sold at uncertain quantities) was to be taken
at the weight at which it was marked, and the bidding was to be at
so much per hundredweight on that quantity. The plaintiffs employed
one Acres, the warehouseman of the defendants, to bid for them, and
all the lots of turpentine (with the exception of three lots, which
were sold to other bidders) were knocked down to Acres so acting
for the plaintiffs. N...
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