Legal Opinion
Dixon v. Williamson
Massachusetts Supreme Judicial Court
Decided March 2, 1899PublishedCited by 4 opinions
Contbact, for an alleged breach of a contract to sell and deliver a quantity of lumber. ■ Trial in the Superior Court, without a jury, before Dunbar, J., who excluded certain evidence; found for the defendants; and, at the plaintiff’s request, reported the case for the determination of this court. If such exclusion of evidence was right, the finding was to stand; otherwise, a new trial was to be granted. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
The plaintiff, after inspecting birch logs in the defendants’ mill yard, went into their office and drew up the following memorandum in duplicate, which was signed as shown below:
“ Kingsbury, P. Q., April 9th, 1896. Dear Sirs, — Please cut your birch logs for us so as to make 1400 ft. running measure 20" and up wide, nice stock. Gut the balance so as to make as much as possible 2}¿" and 1J" thick of straight-grained stock % 1 and 2 and the 1" either # 1 and 2 or clear, face at $13.50 per M. on cars at mill. We will inspect the 2}/' and 1|" at mill and if the inspection you make of the 1" is…
2Cases cited3 opinions
- Clark v. NicholsMassachusetts Supreme Judicial Court · 1871
- Tracy v. WetherellMassachusetts Supreme Judicial Court · 1896
- McGuinness v. ShannonMassachusetts Supreme Judicial Court · 1891
3Cited by4 opinions
- Lawrence v. RosenbergMassachusetts Supreme Judicial Court · 1921
- Pearlstein v. NovitchMassachusetts Supreme Judicial Court · 1921
- Commercial Credit Co. v. PerkinsSupreme Court of Alabama · 1938
- Dean v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1900