Whitney v. Boardman
Massachusetts Supreme Judicial Court
Contract on an account annexed to recover the difference between the contract price of a lot of Cawnpore buffalo hides and the net proceeds of a sale of them by public auction.
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Contract on an account annexed to recover the difference between the contract price of a lot of Cawnpore buffalo hides and the net proceeds of a sale of them by public auction. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows: The plaintiffs put in evidence tending to show the following facts: On February 1, 1873, they sold the hides in question to the defendants through Southwick & Sands, merchandise brokers, and the following memorandum signed by the brokers, and accepted in writing by the defendants on February 4, 1873, was made : “…
1Opinion of the CourtDevens, J.
The expression in the contract, by which the defendants agreed to purchase the Cawnpore buffalo hides with *247“ all faults,” was one of such a character, that, if in common use and having a well established meaning in the trade in such articles, such meaning might properly be shown. It is not necessary that terms should be technical, scientific or ambiguous in themselves in order to entitle a party to show by paroi evidence the meaning attached to them by the parties to the contract. Whitmarsh v. Conway Ins. Co. 16 Gray, 359. Miller v. Stevens, 100 Mass. 518. Swett v. Shumway, 102 Mass. 365. Nor…
2Cases cited3 opinions
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
- Gossler v. Eagle Sugar RefineryMassachusetts Supreme Judicial Court · 1869
- Miller v. StevensMassachusetts Supreme Judicial Court · 1868
3Cited by14 opinions
- Kennedy Bros. v. BirdMassachusetts Supreme Judicial Court · 1934
- E. B. Waples & Co. v. H. C. Overaker & Co.Texas Supreme Court · 1890
- Gould v. SteinMassachusetts Supreme Judicial Court · 1889
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Tufts v. BennettMassachusetts Supreme Judicial Court · 1895
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