THE DECISIONS OF THE Supreme Court of the United States. AT OCTOBER TERM, 1882. STANDARD OIL COMPANY, Plff. in Err., ļ This action was originally brought in the State v. GEORGE H. VAN ETTEN. (See S. C., 17 Otto, 325-335.) Mistake in quantity of goods-question for jury -sale of goods-account stated-evidence cross-examination. 1. Where goods are sold on a contract, subject to the count of an inspector at a particular place, his count is subject to impeachment for fraud or mistake and direct evidence of the fact of a mistake is not necessary. Proof of a similar count at another place, before shipment, is admissible. Circuit Court for the County of Genesee, in Michigan, and removed by the plaintiff in error, who was defendant below, into the Circuit Court of the United States for the Eastern District of Michigan. The defendant in error sued as assignee of Merritt & Helme, partners, as J. J. Merritt & Co., who were assignees of J. J. Merritt, upon a certain contract entered into between him and the Standard Oil Company, and subsequent modifications thereof, to recover a balance alleged to be due thereon on account of the price of certain headings for oil barrels sold and delivered in pursuance thereof. 2. Whether it was more probable that the apparent difference between the two counts was lost in transportation than that there was error in one or both counts, was a question for the jury. & Where a sale of goods is completed, the risk fol-ings suitable for oil barrels, to be sawed twentyJows the title; any loss that subsequently occurs by two inches in length, full one inch thick on non-delivery by the carriers or otherwise, will be sap, and full one half inch thick on the heart the loss of the buyer. 4. An account rendered becomes an account edge, and whenever more than two pieces are stated, unless objected to within a reasonable time, required to make a head the same shall be countand cannot afterwards be impeached except for ed as two; to be delivered on board the cars at fraud or mistake. What constitutes a reasonable Cleveland, Ohio, on or before March 1, 1875, time in such a case is a question of law. 5. Where there are two counts in evidence as to subject to the count and inspection of the Standthe number of pieces of heading sold, the jury are ard Oil Company, who agreed to receive and not obliged to adopt either one, but may proceed upon the supposition of possible errors in both pay for the same as fast as inspected, at the counts, and make probable allowances for such er- price of $40 per thousand. Merritt also agreed rors, although no mathematical calculation can be that full one half of the whole amount of the made to demonstrate the exact accuracy of the re- heading should saw full two-pieced heading, and sult. 6. The question asked on cross-examination, with the Standard Oil Company agreed in that case, a design to impeach the witness by subsequent con- and if the other half were not more than threetradiction, whether he had not recently made cer- pieced heading, they would pay an additional tain statements to different parties, in talking about the matter," was clearly incompetent, as too $1 per thousand on the whole amount. It was further agreed that Merritt should have the privilege of drawing, on sight drafts, for $25 per thousand, through bank, accompanied by duplicate bill of lading signed by railroad company, as evidence of shipment, and that the cars should be so loaded as to have a net value in Cleveland of amount of draft after culling and paying freight. By the original contract, dated October 4, 1873, Merritt, described as of Lapeer, Michigan, sold the Standard Oil Company 2,000,000 head Indefinite. [No. 56.] Argued Oct. 27, 30, 1882. Decided Nov. 20, 1882. IN ERROR to the Circuit Court of the United Messrs. Don M. Dickinson and Levi T. Griffin, for plaintiff in error. Messrs. M. E. Crofoot, Harrison Geer and Walter H. Smith, for defendant in error. Mr. Justice Matthews delivered the opinion This contract was modified by a supplemental agreement of April 1, 1874, Helme then becoming a party to it, by which it was stipulated that Merritt & Co. should make and deliver the heading, properly piled on land in Lapeer controlled by the Standard Oil Company; the latter to furnish a man to count the heading as nearly as might be from week to week as piled, but NOTE-What constitutes an account stated. See not to inspect it; the object of the count being note to Wiggins v. Burkman, 77 U. S., XIX., 884. When an account stated is impeachable for fraud, to obtain an approximate estimate of the headmistake, omission, accident, usurious charges. Seeing thus piled, in order to determine from time note to Perkins v. Hart, 24 U. S. (11 Wheat.), 237. to time the amount of advances to be made there of the court: |