102 Mass. 308 | Mass. | 1869
The findings of the judge in this case are conclusive, jury trial having been waived. Upon the facts reported, the judge was warranted in finding the sale to have been in New York.
It does not appear that there was any legal obligation upon the plaintiff to fill the defendant’s orders at the prices named. But whether there was or not, there is no pretence of a sale of specific, articles, or of a specific appropriation of them, until the orders were filed by a delivery in New York.
Exceptions overruled.