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13 R.I. 354

Peckham v. Kiernan

Supreme Court of Rhode Island

Decided July 9, 1881

Supreme Court of Rhode Island · decided 1881-07-09

Exceptions to the Court of Common Pleas. This action was assumpsit on book account for goods furnished by the plaintiffs to the defendant, brought in the Court of Common Pleas. It appeared in evidence that the plaintiffs took in pay for the goods all the standing wood on a farm in Gloucester, the title to which stood upon the record in the name of the defendant and his children.

Cited by 1 later decisions — most recently April 1916

1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1881-07-09

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Per Curiam.

¶1 We think that the evidence dis *355 closes an entire failure of consideration for the goods delivered by the plaintiffs to the defendant in payment for the wood. The expense of cutting and drawing out the wood amounted to as much as they received for the fifteen cords which they carted to Providence and sold. And even if this were not so, the plaintiffs were liable to Mrs. Gardner for the value of these fifteen cords. We think the court erred in its ruling that the testimony did not show a total failure of consideration, and therefore sustain the exception and grant the plaintiffs a new trial.

Ziba O. Slocum, for plaintiffs. William H. Baker, for defendant.

¶2 Bxceptions sustained.

Note. — The Chief Justice did not sit in this case.
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