118 Mass. 102 | Mass. | 1875
At the trial the plaintiff relied upon a written paper usually called a “ sold note,” signed by the broker through whom the sale of the goods sued for was negotiated. If the broker was authorized by the defendants to sign this note, or if, after he signed it, the defendants accepted and adopted it as their contract, it would be binding on them, and it would not be compe
The ground taken by the plaintiff, that the defendants after the sale accepted and adopted the sold note as their contract, presents a question of fact and not of law. They did not accept it in writing; the question whether they accepted it orally is a question of fact, depending upon conflicting testimony, and should have been submitted to the jury. The case therefore must stand for trial.
The only other question is whether there was sufficient evidence to go to the jury, upon the issue of fraudulent representations raised by the answer. But as there must be a new trial upon other grounds, at which the evidence will probably be different from that given at the former trial, it is not necessary oi useful to discuss this question. Case to stand for trial.