Brownfield v. Johnson

Citations

• 128 Pa. 254
• 18 A. 543
• 1889 Pa. LEXIS 788

Syllabus

<p>(а) The defendants ordered the purchase for them by the plaintiffs, upon a commission, of a certain quantity of brazil-nuts. The plaintiffs transmitted the order to their correspondents at Para, Brazil, who to obtain the quantity ordered were obliged to purchase in two lots, which though of the same quality made a larger quantity than that ordered.</p> <p>(б) The nuts were shipped in bulk, according the usual course of trade, the two lots mixed together but in a separate hold and consigned to the plaintiffs, who invoiced to the defendants the quantity covered by the order and tendered delivery thereof out of the entire consignment made up of the two lots purchased.</p> <p>1. By force of the order the plaintiffs became the defendants’ agents with authority to constitute an agent at Para for its execution, and, the nuts being bought under the authority conferred, the quantity of nuts ordered became the property of the defendants when purchased for them in Brazil. «</p> <p>2. The defendants were affected with a knowledge that the nuts would be shipped in the usual manner; the duty of measuring them and their removal from the vessel was upon the defendants; the nuts being of uniform quality selection was of no consequence, and the defendants were bound to accept and pay for the quantity ordered.</p>