Legal Opinion

Magnolia Metal Co. v. Gale

Massachusetts Supreme Judicial Court

Decided September 11, 1905PublishedCited by 20 opinions

Contract for an alleged breach of a contract in writing. Writ in the Supreme Judicial Court dated July 15, 1903. The case was referred to Causten Browne, Esquire, as auditor. He found that the damages sustained by the plaintiff, if it was entitled to anything, were $22,452.84. He disallowed the claim of the plaintiff for interest from the time of the defendant’s repudiation of the contract.

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Contract for an alleged breach of a contract in writing. Writ in the Supreme Judicial Court dated July 15, 1903. The case was referred to Causten Browne, Esquire, as auditor. He found that the damages sustained by the plaintiff, if it was entitled to anything, were $22,452.84. He disallowed the claim of the plaintiff for interest from the time of the defendant’s repudiation of the contract. Later the case was tried before Braley, J. It appeared in evidence that the Magnolia metal mentioned in the contract was a patented specialty entirely controlled by the plaintiff, that it had no price upon…

1Opinion of the CourtMorton, J.

This is an action for the breach of a written contract dated June 26,1900. The defendant notified the plaintiff on January 22, 1901, that he would no longer act under the contract, and this was the breach relied on. It was admitted that from that date the contract was no longer in force. The defences relied on were that the contract was procured by fraud *132and misrepresentation on the part of the plaintiff, and that the plaintiff had violated certain terms and conditions on its part to be performed. There had been a previous contract between the same parties dated September 22, 1899, which was…

2Cases cited5 opinions

  1. Cutter v. GilletteMassachusetts Supreme Judicial Court · 1895
  2. Whipple v. RichMassachusetts Supreme Judicial Court · 1902
  3. De Forge v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
  4. Daniell v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
  5. Noble v. Ames Manufacturing Co.Massachusetts Supreme Judicial Court · 1873

3Cited by20 opinions

  1. Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
  2. Brewster Wallcovering Co. v. Blue Mountain Wallcoverings, Inc.Massachusetts Appeals Court · 2007
  3. Productora E Importadora De Papel v. FlemingMassachusetts Supreme Judicial Court · 1978
  4. Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
  5. Ficara v. BelleauMassachusetts Supreme Judicial Court · 1954

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