United States Reflector Co. v. Rushton

Citations

• 7 Daly 410

Syllabus

<p>Where the defendant, at the close of plaintiff’s case, without any cross-examination of plaintiff’s only witness, and without offering any evidence in defense, requests the court to direct a verdict for the defendant, he admits the facts testified to and all facts which may reasonably be inferred from them.</p> <p>In such a case, where the only evidence to prove a sale and delivery was, that plaintiff’s clerk, who knew defendant, sold him four chandeliers at the price of $150, that he made a deduction of 10 per cent, in consideration of cash, which was to have been paid as soon as they were put up, that the amount was $180, that the chandeliers were delivered and were not paid for, it will be inferred that the defendant saw the chandeliers, that they were put up, that defendant made no objection to them, and such inferences being made in this case, it was Held that there was an acceptance within the meaning of the Statute of Frauds.</p> <p>The authorities upon the subject of receipt and acceptance under the statute of frauds, collated and considered. Per Charles P. Daly, Chief Justice.</p>