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77 N.H. 589

89 A 302

Hershberg v. Morrison

Supreme Court of New Hampshire

Decided December 2, 1913

Supreme Court of New Hampshire · decided 1913-12-02

Assumpsit, for clothing manufactured by the plaintiffs for the defendant. Trial by jury and verdict for the defendant. Transferred from the April term, 1913, of the superior court by Young, J. The defendant testified that he gave the order for the merchandise to the plaintiffs’ traveling salesman, whom he had previously dealt with as the representative of another clothing house which had permitted him to return goods whenever he desired to do so.

Cited by 3 later decisions — most recently June 1980

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1913-12-02

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Parsons, C. J.

¶1 No question of law which requires consideration is presented. Whether the defendant reasonably understood the contract to give him the right of return was a question of fact. That fact being found for him, there was no contract to accept the goods upon delivery. Not having agreed to accept and keep the goods, the defendant is not liable for not doing so. Evidence of the *590 defendant’s general custom was excluded. The salesman’s statement that he could use the defendant better than before raised the question how he had before used him. The defendant could tell the jury what he knew about it. His credibility was for them.

¶2 Exceptions overruled.

Young, J., did not sit: the others concurred.
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