. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. â fj 5l .â g^y^ Jf^t^l"^^ ^.iXfT"^,"??" ^'ig'^g^ '^'^^'H^â'iffK'^^^^'^ r f. 6âoouBT oFqubbn's bkmoh. â fi. Wi testimony of Williiim M. Fuller, the commiMton mei^ chimt who acted [^ reiftundent's agent in malting the :\all;^ged 8al,9. ; ' .â t^ '.' V There is no writing whwfcever to establish the alleged ^ contract, and no commenfemeHf de preuve par only ».^> question put to^ appellant himse|f as a witness on respon-, *'^ dent's behalf, being whether ot Qot WilU^m
. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. â fj 5l .â g^y^ Jf^t^l"^^ ^.iXfT"^,"??" ^'ig'^g^ '^'^^'H^â'iffK'^^^^'^ r f. 6âoouBT oFqubbn's bkmoh. â fi. Wi testimony of Williiim M. Fuller, the commiMton mei^ chimt who acted [^ reiftundent's agent in malting the :\all;^ged 8al,9. ; ' .â t^ '.' V There is no writing whwfcever to establish the alleged ^ contract, and no commenfemeHf de preuve par only ».^> question put to^ appellant himse|f as a witness on respon-, *'^ dent's behalf, being whether ot Qot WilU^m Hannan, the person with whom Fuller ne^doiated'as to the cheese, WW In the habit of buying cheese for appellant, and whether the latter was aware that l|.e eiitered into nego- ^ tiations with Fuller about this ch^t^e^ which facts he admits. Appellant submits that under these bfi^i^mstances, parol evidence/of the pretended sale was ina^missible'Huder Artic;0^1286, C. 0. .^ â % Mt even if admissible what does this evidence show ? â ktia snbbtantialiy to the effect that William Hannan, ⢠'^ting for appellant, agreed to purchase 1648 boxes of cheese from respondent at 10|^ cents per pound, such ' cheese to be tested, that is weighed and the number of pounds ascertained, prior to delivery. It proves at most a sale of things'movable by weight, a sale governed by Article 1474 of our CiVil Oode. which says: " When "things niovable are sold by weighty number or measure, " and not in the lump, the«tale ts not perfect untU they have " been weighed, counted or measured.'* Taking, then, Fuller's account bf the agreement, which he tells us was made between him and William Hannan, on the Pth April, 1886, to be strictly accurate; or taking even the alle^^tion of the pretended contract of that date, asset forth in plaintiff's declaration, to be proven, we have a sale of a quantity of cheese by the pound, with an express agreement that the weight should be /e
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