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5 F. Cas. 213

Carter v. Lane

U.S. District Court

Decided April 1, 1844

U.S. District Court · decided 1844-04-01

At law. Appeal from justice of the peace. The suit was brought before B. K. Morsell, justice of the peace. The appellees [Charles H. Lane and William Tucker], trading under the firm name of Lane & Tucker, made a pair of pantaloons for the appellant [Bernard F.] Carter, and sent them home ordering the boy not to deliver the pantaloons unless they were paid for. The appellant became offended and refused to take them, whereupon the appellees brought suit.

Decided 1844-04-01

THE COURT

¶1decided, after hearing the testimony of the witnesses, and the arguments of counsel, that inasmuch as the gentleman had before dealt with the appellees on terms of credit, it was their duty to have notified him before they made the pantaloons, that they had changed their terms to cash. The circuit court reversed the judgment of the magistrate.

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