Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 47 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1862 edition. Excerpt: ... 3. His letter of Nov. 15th shows that he had sold them. It is too late for him to deny it, after the other party had acted upon it, as appears by their letter of the 18th. 1 Greenl. Ev., 207, 208. He had no authority to make a conditional sale, and cannot set up a condition which, in his letter of the 15th, he had suppressed. 4. Washburn's not complying with the directions in Blake & Co.'s letter of Nov. 13th, was an election to take the risk upon himself of any condition in that sale, and to account for the stock at the price named. 5. Washburn is liable under the money counts. Nov. 17, his son, and agent in the sale, wrote that he had sent the " money." Of course he had the money. In the same letter he promises to pay it " this week without fail." The opinion of the Court was drawn up by APPLETON, J.--The plaintiffs in the original action, Messrs. Blake, Bigelow & Co., holding a certificate of ten shares in the Canton Bank, and being desirous of selling the same, on the 15th of August, 1856, wrote to the defendant to ascertain their value, to which he replied, informing them that, whenever the stock changed hands, it was at par. The defendant having, in his letter of Aug. 25, offered his services to sell the plaintiffs' stock, they, on the 26th of August, forwarded their certificate, transferred in blank, signed A. Pierce, with a request that he would return a new certificate in their name, or a check for the largest price which he could obtain, not less than $95, per share. On September 9, the defendant wrote that he had been unable to send the check as desired, but should probably be able to do it in a few days. On the 1st of October, the defendant in the original action...