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But if, in mercantile language, the expression conveys the idea of assent, there should be some evidence offered of that fact. The learned judge before whom the case was tried, erred in leaving it to the jury to say, 1st. Whether defendant in error, by his letter of April 20th, instructed the plaintiffs in error; and 2d. Whether the plaintiffs in error recognised these instructions; when no evidence whatever was laid before the jury to enlighten them as to the meaning of the expressions used. Story on Agency, 63. 72, n. 1. Ekins vs. Maclish, Ambler, 184, 185. Mechanics' Bank vs. Bank of Columbia, 5 Wheat. 326. Lucas vs. Groning, 2 E. C. L. R. 61. Macbeath vs. Haldimand, 1 Term Rep. 172. M'Gran, in his letter of July 30th, in which he complains of the sale of the cotton, really admits the right of the Browns to sell, in order to meet the bill drawn on them. He says, 'I do not recognise the sale, and do not consider you authorized to sell the cotton before the draft drawn on you by Brown, Brothers, and Company, against this cotton, falls due. If the price is higher on that day than the day you sold it, I will expect you to allow me the difference; and if it is lower, I will be prepared to pay you any balance I may owe you.' Now this abandons the whole ground. M'Gran, by his letter of April 20th, had instructed, as it is contended on the other side, the plaintiffs in error not to sell until they heard from him again. They did not hear from him again until August 23d, when his next letter, dated July 22d, and ordering them to sell, was received. Now the plaintiffs in error were bound by the instructions of M'Gran, or they were not. If they were bound, they had no right to sell until August 23d, when his orders to sell were received. If they were not bound, as M'Gran admits–for he concedes that they had a right to sell at the date of the maturity of the draft, August 5th–then they were to use their own discretion, as skilful and honest factors, as to the time of sale. M'Gran admits they had a right to sell in order to meet the bill, notwithstanding his instructions; but limits them to a single day that of the maturity of the draft. This position is absurd. On that day it might have happened that no purchasers could be found, or that the cotton had fallen so low that the whole would not produce enough to meet the bill.

GENRE
Professional & Technical
RELEASED
1840
January 1
LANGUAGE
EN
English
LENGTH
37
Pages
PUBLISHER
LawApp Publishers
SIZE
88.8
KB

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