Majority
p. 571JAMES H. CARRINGTON, and another, Plaintiffs and Respondents v. CHARLES E. WARD, and another, Defendants and Appellants. Before Curtis, Ch. J., and Speir, J. Decided January 2, 1877.
Thomas H. Hubbard, for defendants and appellants.
William H. Arnoux, for plaintiffs and respondents.
The plaintiffs, in July, 1870, held in possession one thousand one hundred and sixty-nine barrels, containing fifty-two thousand three hundred and thirty-nine gallons of oil, owned by one Compton, and subject to a lien of the plaintiffs to the extent of $15 per barrel for advances made by them to Compton.
The plaintiffs, at the request of Compton, sold to the defendants one thousand one hundred and sixty-nine barrels, and were instructed by him to collect as
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delivered $15 on each barrel, taking a receipt for the same from the defendants, and to credit them to the extent of $5,000, if they should deem it advisable. The plaintiffs sold to the defendants six hundred and seventy-one barrels of the oil which were received by them and they paid the $15 per barrel. They afterwards sold seventy-five barrels of the oil, and the defendants refused to pay the plaintiffs, claiming that Compton owed them, and they would credit him for the amount.
The court directed a verdict for the plaintiffs for the amount claimed with interest.
The defendants excepted, and brought this appeal,
Speir, J., wrote for affirmance, citing Nottebohm v. Mast, 2 Roberts, 249.
Curtis, Ch. J., concurred.