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eBook details

• Title: General Electric Company v. Pettingell
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 10, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Where it appeared that a manufacturer of large electric lamps appointed an agent ""to sell or distribute"" the lamps, that the agency contract provided that the agent should not have title to lamps delivered to it at any time and that the manufacturer should ""maintain on consignment"" a stock of lamps in the agent's custody for disposal by it by sale directly to its own customers or by deliveries under contracts of sale made by the manufacturer or by distribution to other agents of the manufacturer, and that the agent maintained a wholesale place of business ""buying and selling electrical, hardware and housewares merchandise"" in addition to such lamps and under a name other than the name of the manufacturer, Conclusions were required that the lamps delivered to the agent were ""for sale"" and ""deemed to be on sale or return"" within § 2-326 (3) of the Uniform Commercial Code, G. L. c. 106, and, under § 2-326 (2), were subject to the claims of the agent's creditors while in the agent's possession. The plaintiff by writ of replevin took from the defendant David S. Miller, assignee for the benefit of creditors of the defendant Pettingell Supply Company, certain large lamps that had been delivered by the plaintiff to Pettingell as ""agent to sell or distribute"" such lamps. Large lamps are ""lamps used in commercial and industrial installations."" General Electric by outline bill of exceptions presents for our review the ruling of the Judge in the Superior Court that because of the Uniform Commercial Code (G. L. c. 106, inserted by St. 1957, c. 765, § 1) the plaintiff must return the replevied goods. The record appendix contains portions of the testimony and exhibits. The Judge found the facts in a memorandum in connection with his Disposition of the plaintiff's requests for rulings.

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