F. W. Stock & Sons v. Snell
Massachusetts Supreme Judicial Court
Contract, by F. W. Stock and Sons, a corporation, for alleged breaches of two contracts in refusing to accept certain shipments of flour.
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Contract, by F. W. Stock and Sons, a corporation, for alleged breaches of two contracts in refusing to accept certain shipments of flour. Writ dated May 12, 1911. The plaintiff’s amended declaration was as follows: “ Count 1. And plaintiff says that on October 2, 1909, the defendant gave to the plaintiff a written order for the sale and delivery by the plaintiff to the defendant, F.,0. B. at Fall River, Massachusetts, of five carloads of ‘Mikota’ brand flour, manufactured by the plaintiff, each car to contain two hundred and five barrels, at a price to the defendant of five dollars and…
1Opinion of the CourtPierce, J.
The defendant refused to carry out the contract, dated October 2, 1909, set out in count one of the declaration, on the ground that the draft accompanying two bills of lading for the *502flour contained extra charges outside the terms of the contract. The contract made no express provision for charges for carrying the flour beyond the contract period. As bearing upon this issue the presiding judge, without objection or exception by either party, instructed the jury that “the question is presented whether in the trade between these parties there is anything either by the custom of the trade or by…
2Cases cited2 opinions
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- F. W. Stock & Sons v. SnellMassachusetts Supreme Judicial Court · 1913
3Cited by7 opinions
- Learned v. HamburgerMassachusetts Supreme Judicial Court · 1923
- Taylor v. JacobsonMassachusetts Supreme Judicial Court · 1958
- National Wholesale Grocery Co. v. MannMassachusetts Supreme Judicial Court · 1925
- Leader v. KolliganMassachusetts Supreme Judicial Court · 1928
- Dow v. Brookline Trust Co.Massachusetts Supreme Judicial Court · 1941
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