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2 D.C. 550

Fenton v. Braden

Decided April 15, 1825

Assumpsit for the price of flannels shipped by order of the defendants. The defendants, thinking they were invoiced too high, had them appraised, and sold them. contended that the defendants, having received and sold the goods, are bound to pay for them at the invoice price. If they did not like the price they should not have taken them.

Decided 1825-04-15

The Court(Thruston, J., absent,)

¶1was of opinion that, as the goods were at the risk of the defendants, when put on board the ship at Liverpool, and the defendants had no agent there to accept, or refuse, or even to examine the goods and compare them with the invoice prices, and the defendants had given a general order for such goods, without any express agreement as to the price, the law will only raise an implied promise to pay as. much as the goods were worth at the time and place of shipment. The defendants cpuld not refuse to receive them, and oblige the plaintiff to take them back if they were such .goods as the defendants ordered; and their receiving them here is no evidence of an agreement to pay the invoice price of them. But the receipt of the goods and of the invoice is primá fade evidence that the invoice price is the value, unless the defendants objected to that price in a reasonable time.

¶2Verdict for the plaintiff, deducting 7| per cent, from the invoice price.

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