Illustrative Cases in Personality volume 2

Cover Illustrative Cases in Personality volume 2
Illustrative Cases in Personality volume 2
William Sullivan Pattee
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250 hundred or a hundred and fifty feet from tlie larger pile. Wit- nesses examined the staves piled there several times, and one of them testified that he was there July 10, 1875, Tvith one of the sellers, and made a thorough count of the staves, the num- ber counted being 780, 000, and he states that he counted the staves in both piles, and that there were no other white-oak staves on the premises.
Taken as a whole, the evidence shows that the parties treated both piles of the staves as deliv
...ered under the contract, tlie one as much as the other, and that they regarded both as properly included in the adjustment of the amounts to be advanced. When the agent of the plaintifi:s went there, as before ex- plained, with one of the sellers, it is certain that they counted both piles, and it is clear that in view^ of the evidence and the circumstances the jury were warranted in finding that the pro- perty in all the white-oak staves piled there passed to the plain- tiffs when they were piled and delivered at that place, neither party having objected to the place where the smaller parcel was piled.

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