Thayer v. Burchard
Massachusetts Supreme Judicial Court
Contract by the firm of Thayer & Sergeant, grain dealers at Northampton, against the trustees of the bondholders of the Rutland and Burlington Railroad, in the use and occupation of that road as common carriers, to recover a portion of the price paid to them by the plaintiffs, under protest, for the transportation of grain from Schenectady in New York over the Rensselaer and Saratoga, Rutland and Burlington, Vermont Valley, Vermont and Massachusetts and Connecticut River…
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Contract by the firm of Thayer & Sergeant, grain dealers at Northampton, against the trustees of the bondholders of the Rutland and Burlington Railroad, in the use and occupation of that road as common carriers, to recover a portion of the price paid to them by the plaintiffs, under protest, for the transportation of grain from Schenectady in New York over the Rensselaer and Saratoga, Rutland and Burlington, Vermont Valley, Vermont and Massachusetts and Connecticut River Railroads, to Northampton and other places in Massachusetts on the line of the road last named; and for insurance and…
1Opinion of the Court
Wells, J.*
This action is founded upon an agreement relating to rates of freight, for transportation of flour and grain over a line of connecting roads. The agreement was effected by means of correspondence. The defendants contend that the terms of the agreement are to be sought only in the final letter of each party, in which the negotiation terminated by a certain proposition made and accepted; that the previous letters are merely preliminary, and, not being referred to in the final proposition, form no part of the contract which resulted from the correspondence, and therefore cannot be used…
2Cases cited1 opinion
- Cunningham v. ParksMassachusetts Supreme Judicial Court · 1867
3Cited by23 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- A. Santaella & Co. v. Otto F. Lange Co.Court of Appeals for the Eighth Circuit · 1907
- Hoffman v. MaffioliWisconsin Supreme Court · 1899
- Burgess Sulphite Fibre Co. v. BroomfieldMassachusetts Supreme Judicial Court · 1902
- Harding v. Broadway National BankMassachusetts Supreme Judicial Court · 1936
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