173 Mass. 304 | Mass. | 1899
This is an action to recover the price of some soles, purchased of the plaintiff by the defendant. The dispute is over the right of the defendant to return light soles found among the goods. The defendant testified that he bought the soles from the plaintiff’s salesman,one Parrott,upon the express' condition that when he came to use the soles he could throwout the light ones and the plaintiff would replace them. Parrott’s authority is disputed, but the plaintiff admitted in his testimony that Parrott had to use some independent judgment, and at all events the plaintiff must take the bargain as it was made if he chooses to sue upon it. When the defendant came to use the soles he found more light soles than he expected, and told Parrott, who wrote a postal card to the defendant request
Exceptions overruled.