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Contracts Keyed to Fuller
Hobbs v. Massasoit Whip Co.
Citation:
33 N.E. 495 (1893)Facts
The plaintiff, Charles Hobbs, was in the business of supplying eelskins and had previously sent eelskins to the defendant, Massasoit Whip Company, on four or five occasions, which were accepted and paid for. On February 18, 1890, Hobbs delivered eelskins to one Harding, who forwarded them to the defendant. Hobbs claimed the skins were in good condition and met the length requirements (over 22 inches) that he understood were required for the defendant’s whip-making business. The defendant’s president testified that they immediately found the skins to be unsuitable and claimed to have notified Harding in writing, though Hobbs denied receiving any such notice. The defendant retained the skins for several months before destroying them. The plaintiff brought suit to recover payment for the skins.
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