Isaacs v. Macdonald
Massachusetts Supreme Judicial Court
Contract with a declaration upon an account annexed having two items, the first for the price of “ 1 26 in. Atherton Gluing Machine,” and the second for interest from April 23, 1910, to the return day of the writ. Writ in the Municipal Court of the City of Boston dated September 1, 1910. On appeal to the Superior Court the case was tried before Crosby, J. The plaintiff’s evidence consisted wholly of correspondence, the substance of which is stated in the opinion.
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Contract with a declaration upon an account annexed having two items, the first for the price of “ 1 26 in. Atherton Gluing Machine,” and the second for interest from April 23, 1910, to the return day of the writ. Writ in the Municipal Court of the City of Boston dated September 1, 1910. On appeal to the Superior Court the case was tried before Crosby, J. The plaintiff’s evidence consisted wholly of correspondence, the substance of which is stated in the opinion. The defendant offered to prove that the machine in question reached her place of business early in May, 1910, and that, owing to…
1Opinion of the CourtSheldon, J.
The defendant’s letter of February 15, 1910,x was an acceptance of the plaintiff’s original offer to her. There' is nothing inconsistent with this view in Metropolitan Coal Co. v. Boutell Transportation & Towing Co. 185 Mass. 391, and 1961 Mass. 72. And though the contract thus concluded was cancelled by the subsequent letters of the parties, yet it seems clear that' their later agreement, except for the description of the machine and the price to be paid, was in all respects upon the same terms' as those which previously had been settled. The final agreement1 then was that the plaintiff…
2Cases cited7 opinions
- Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
- Metropolitan Coal Co. v. Boutell Transportation & Towing Co.Massachusetts Supreme Judicial Court · 1904
- Aiken v. HydeMassachusetts Supreme Judicial Court · 1868
- Martin v. AdamsMassachusetts Supreme Judicial Court · 1870
- Springfield Engine Stop Co. v. SharpMassachusetts Supreme Judicial Court · 1903
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3Cited by5 opinions
- Merchants Legal Stamp Co. v. MurphyMassachusetts Supreme Judicial Court · 1915
- In re RogersDistrict Court, D. Massachusetts · 1923
- R. A. Jones & Co. v. Green Bros.Massachusetts Supreme Judicial Court · 1935
- Bellefleur v. United States Finishing Co.Supreme Court of Connecticut · 1930
- Winsor School v. Eastman Heat Control Corp.Massachusetts Supreme Judicial Court · 1940