Ozzola v. Musolino
Massachusetts Supreme Judicial Court
Contract by Giovanni Ozzola of Parma in the Kingdom of Italy against Antonio Musolino and Samuel Berger, copartners doing business in Boston, for $424.22 for goods sold and delivered and $25.44 as interest.
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Contract by Giovanni Ozzola of Parma in the Kingdom of Italy against Antonio Musolino and Samuel Berger, copartners doing business in Boston, for $424.22 for goods sold and delivered and $25.44 as interest. Writ dated August 29, 1911; and Contract by the defendants in the first action against the plaintiff in that action, alleging that on August 5, 1910, they entered into a contract with the defendant Ozzola by which he agreed to sell and deliver to the plaintiffs five hundred loaves of Reggiano cheese, that the plaintiffs were at all times ready and willing to perform their part of the…
1Opinion of the CourtCrosby, J.
The plaintiff in the first case seeks to recover for two shipments of cheese alleged to have been sold and delivered to the defendants.
The defendants admit the receipt of the goods and that they have not paid for them, but assert that the cheese was of inferior quality and unmarketable. They agree that they realized from the sale of it an amount substantially equal to the price charged by the plaintiff. They also contend that they sold the cheese for *515the plaintiff’s account, and that they are entitled to deduct from the amount received a commission on the sale.
The plaintiff lives in Italy and…
2Cited by2 opinions
- E. T. Barnum Iron Works v. Prescott Construction Co.West Virginia Supreme Court · 1920
- Larkin v. Chandler & Farquhar Co.Massachusetts Supreme Judicial Court · 1924