Bernstein v. W. B. Manufacturing Co.
Massachusetts Supreme Judicial Court
Contract upon a declaration in two counts, the first count being upon an account annexed for $875.50 for seventy-two dozen wash suits, and the second count being for damages for breach of a contract made on July 13, 1918, whereby the plaintiffs agreed to sell and the defendant to purchase one hundred and fifty-two dozen wash suits. Writ dated March 15, 1919. In the Superior Court the case was tried before Morton, J. The material evidence is described in the opinion.
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Contract upon a declaration in two counts, the first count being upon an account annexed for $875.50 for seventy-two dozen wash suits, and the second count being for damages for breach of a contract made on July 13, 1918, whereby the plaintiffs agreed to sell and the defendant to purchase one hundred and fifty-two dozen wash suits. Writ dated March 15, 1919. In the Superior Court the case was tried before Morton, J. The material evidence is described in the opinion. At the conclusion of the plaintiffs’ evidence, the judge, upon motion of the defendant, for the reason quoted in the opinion,…
1Opinion of the CourtPierce, J.
The defendant placed an order with the plaintiffs on July 13, 1918, for one hundred and fifty-two dozen wash suits of various styles and sizes, and five suits of each style number as samples; deliveries to be made about January 15,1919, samples at once. ¡On August 20,1918, the plaintiffs delivered to the defendant the five sample suits of each style number mentioned in the order, and were paid by the defendant for the same on December 9,1918. On December 16, 1918, the plaintiffs shipped to the defendant seventy-two dozen suits. Upon receipt of this shipment the defendant wrote the plaintiffs…
2Cases cited2 opinions
- American Agricultural Chemical Co. v. KennedySupreme Court of Virginia · 1904
- Frothingham v. SeymourMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- Cellucci v. Sun Oil Co.Massachusetts Appeals Court · 1974
- De Witt County Public Building Commission v. County of De WittAppellate Court of Illinois · 1984
- Bernstein v. W. B. Manufacturing Co.Massachusetts Supreme Judicial Court · 1921
- DeLuca v. Bear Stearns & Co.District Court, D. Massachusetts · 2001
- Vitagraph, Inc. v. Park Theatre Co.Massachusetts Supreme Judicial Court · 1924
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