(Download) "Schuchardt v. Allens" by United States Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Schuchardt v. Allens
- Author : United States Supreme Court
- Release Date : January 01, 1863
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The overseer testified as follows: 'I saw the sample bottle in question in Mr. Green's hands, and was told not to open it. It was very fair to look at, and I said so at the time, but I told them that I could not tell anything about it unless the bottle could be opened. I was asked about it, and I said it looked very well; it could not be judged of by any one without opening the sample bottle. It is the custom to open and examine the sample bottles. There was no sand in the bottle apparent to the eye; I saw none in it. No one could have discovered adulteration from looking at the madder in the bottle. . . .. No wise man will buy madder without looking at it; this is the first I ever knew of a purchase being made where it was not examined. The madder in the bottle is always taken out, rubbed and examined. I have had an experience of forty-five years in the business. On the occasion of this purchase I told them that it was impossible to tell what the quality of the madder was, unless I examined it; I could only say that it looked very well.' Without other examination, and without any knowledge of the quality of the sample, except as it appeared to the eye, and as inferred from 'the standing of the house,' the plaintiffs agreed to purchase the lot at 11 1/4 cents a pound. Accordingly, upon his return to New York, April 17th, Mr. Green made an entry of sale in his sales book, and sent a copy to the defendants. The madder was afterwards weighed, a bill made out by the defendants, and, on the 28th of April, forwarded to the plaintiffs. This bill contained a memorandum notice, in small type, in one corner, reading thus: 'No claims for deficiencies or imperfections allowed unless made within seven days from receipt of goods.' It appeared from the testimony of foreign witnesses that the madder in the flask was of the same quality as that in the casks. About three weeks after the madder was received by the plaintiffs at their print works, they began to use it, when they found it not equal to what they had been accustomed to use. It was 'full of sand;' 'they were obliged to shovel the sand out of the vats twice a day;' the quantity of sand 'varied from two and a half ounces to four ounces in the pound;' 'this variation took place in the same cask;' sand was found 'in streaks' in it; it was 'streaked through and through with sand;' it 'was palpable as soon as it was opened;' 'the streaks were both lengthwise and crosswise;' 'they were strata.' It should be here mentioned that, as was here proved, there are different qualities of madder, such as mull, little ombro, ombro, and crops, but they are all known by the common term of Dutch madder, and also that all madder has in it more or less sand and other impurities. Even the first quality has in it from two to eight per cent.; but this madder 'was out of all proportion, out of all character;' thirty to forty per cent. of impurity, fifteen to sixteen per cent. being sand. The testimony being closed, the counsel for the defendants requested the court to instruct the jury as follows:
 "Schuchardt v. Allens" by United States Supreme Court * eBook PDF Kindle ePub Free){kind=link}