Jarrett v. J. Staum & Sons Co.

Stockbridge, J., delivered the opinion of the court. This case originated in a, contract for the sale of five ear-loads, of Bermuda, onions,, dated the 11th May, 1917. The vendor was represented hy H'oweth Brothers of Baltimore, ²¹⁸ acting for and on behalf of Colonel Deveraux Jarrett of Laredo, Texas, and the vendees, were J. Staum & Sons Co. of Baltimore. The character and terms of the contract appear from the following letter: “Baltimore, Md., May 11th, 1917. “HoAveth Bros., “Market Space, City. “Gentlemen:' “We beg leaAre to confirm conversation of our Mr. George T. Ames with you over the ’phone today in reference to the purchase of 5 cars of good, bright, yelloAv, Wo. 1 onions, at $1.55 a crate, f. o. b.

Texas. Said onions subject to inspection here. “It is agreed that three of these cars- are now in transit, that one has been shipped today, and the fifth aaúII be shipped tomorrow (May 12). “Very truly yours, “J. Staum & Sons Co.” The vendor expressed a desire to have $200 on each car remitted to a certain hank in Laredo, Texas, and Mr. Ames, the salesman for the vendee firm, and who had negotiated the purchase, declined ho place the money in Laredo, hut said: “I will put $1,000 iu your (Howeth’s) hands and leave it up to your inspection, you representing Jarrett,” which he did. H:e further said: “Tour inspection is good enough for me and if you pass on them as all right, I will accept the onions.” Thereupon Howeth AVrote to Jarrett, and the last named .confirmed the sale on the basis stated. The cars were loaded in Texas, on the 8th and 9th of May, 1917, and arrived in Baltimore; May 22nd, and the consignee was notified of the arrival on May 24th.

The Avitness HoAveth also testified that he did not know “when any of the cars arrived in Baltimore; that he only heard of the had condition of the car in controversy after it had been inspected by Staum; that after this inspection .he inspected the onions, ²¹⁹ the occasion being when he had purchased some onions from the defendant, and had gone to- Bolton yards for the purpose of getting them.” After this inspection Mr. Howeth telegraphed to Air. Jarrett as follows: “O. D. Jarrett Go., “Laredo, Texas. “Car LT. T. B. No. 30008 onions here, badly decayed; Staum refused to handle at any price. We prefer not selling it, as we believe it will hardly bring freight; advise. “Howeth Bros.” It also appeared from the cross-examination of this witness that he was the broker in Baltimore for Jarrett & Co. Evidence wasi taken in Texas of the men who loaded the cars, to the effect that the onions were in good condition when loaded and shipped.

Seven exceptions were reserved during the trial; the first six of them all relate to an endeavor on the part of the plaintiff to establish a custom or usage of the trade as to the time within which, after the arrival of perishable articles, the same must he inspected .for tho purposes' of acceptance or rejection. As each of these successive attempts was- made to introduce evidence for the purpose of showing custom or usagjc, the same was objected to-, and tho-se objections were