Burke v. Atlantic Chemical Co.
Massachusetts Supreme Judicial Court
Contract. Writ dated December 7, 1918. The contract which was the basis of the action was evidenced by two letters, one from the plaintiffs to the defendant which was dated Boston, August 18, 1917, and read as follows: "Referring to our conversation and correspondence, we make you the following proposal relative to the black gunpowder which we control, now stored in Picatinny Arsenal in New Jersey.
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Contract. Writ dated December 7, 1918. The contract which was the basis of the action was evidenced by two letters, one from the plaintiffs to the defendant which was dated Boston, August 18, 1917, and read as follows: "Referring to our conversation and correspondence, we make you the following proposal relative to the black gunpowder which we control, now stored in Picatinny Arsenal in New Jersey. “There is about one hundred (100) tons of this powder standing in the name of Thomas J. Burke. We all have an equal interest in it. We are to deliver this powder to you in carload lots in its…
1Opinion of the CourtJenney, J.
On August 18, 1917, the plaintiffs wrote to the defendant concerning some black gunpowder which was then controlled by them. In their letter they proposed to deliver the gunpowder to the defendant, which was to recover the nitrate of potash contained therein and then sell it. The letter continued: “When the same is sold you [(the defendant] are to pay us [(the plaintiffs] eighteen (18) cents per pound as our allowance for the powder and divide the net profits of the shipments above said eighteen (18) cents per pound allowance plus the actual expenses of treatment, into two equal parts, one of…
2Cases cited3 opinions
- Cass v. LordMassachusetts Supreme Judicial Court · 1920
- Waldstein v. DooskinMassachusetts Supreme Judicial Court · 1915
- Benford Manufacturing Co. v. Standard Tire & Rubber Co.Massachusetts Supreme Judicial Court · 1920