Commonwealth v. Burgett

Field, J. There was evidence for the jury that the defendant intended that the whiskey should be at the risk of the company until delivered to the buyer at Hyde Park; and that it was the understanding of the defendant, that until, and unless, the [456] whiskey was so delivered, the order was not filled, and the company was not entitled to retain the money sent. This is evidence of a sale in Hyde Park. No error appears in the exceptions. Commonwealth v. Greenfield, 121 Mass. 40. Suit v. Woodhall, 113 Mass. 391. Exceptions overruled.