Richmond Manuf'g Co. v. Starks

Court: U.S. Circuit Court for the District of Rhode Island
Date filed: 1826-11-15
Citations: 20 F. Cas. 747, 4 Mason C.C. 296
Copy Citations
3 Citing Cases
Lead Opinion
STORY, Circuit Justice.

The court are decidedly of opinion, that the plaintiffs are not entitled to recover. The conduct of the plaintiffs amounted to a full ratification of the sales by the defendants. It was their duty, upon receiving the letter and account of

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sales, to have expressed their dissatisfaction, within a reasonable time. So far from so doing, they have repeatedly written since, without the slightest complaint, and drawn for the whole balance. This is a complete acquiescence in the acts of the defendants. It amounts to a virtual adoption of the sale. A subsequent confirmation is equivalent to an original authority. If a merchant neglects, after a reasonable time, to object to an account current, he is deemed to acquiesce in it; and it is treated as an account stated. See Tickel v. Short, 2 Ves. Sr. 239; Willis v. Jernegan, 2 Atk. 251. Judgment for the defendant.