Kepnes v. Grossman
Massachusetts Supreme Judicial Court
Contract for the purchase price of mixed iron alleged to have been sold to the plaintiffs, who were “ in the junk business,” by the defendants, also dealers in junk. Writ dated May 12, 1920. In the Superior Court, the action was tried before O’Connell, J. At the close of the evidence, the defendants asked for the following rulings: “1. That title did not pass at time of signing of the contract, and therefore plaintiff cannot recover.”
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Contract for the purchase price of mixed iron alleged to have been sold to the plaintiffs, who were “ in the junk business,” by the defendants, also dealers in junk. Writ dated May 12, 1920. In the Superior Court, the action was tried before O’Connell, J. At the close of the evidence, the defendants asked for the following rulings: “1. That title did not pass at time of signing of the contract, and therefore plaintiff cannot recover.” “ 3. That title did not pass until the amount of iron in the pile was ascertained by weighing and thus make certain the price to be paid for it.” “ 6. It is by…
1Opinion of the CourtDeCourcy, J.
The plaintiffs sued to recover the amount due from the defendants on account of the sale of three piles of mixed iron as specified in the following writing or memorandum:
*144“ March 11, 1920.
“ Bo’t of S. Kepnes & Son three (3) piles of mixed iron at one dollar and ten cents per hundred ($1.10 per cwt.), this to be free from fight and spruce [sprue] iron.
“ All iron is to be taken out within two months of date. No iron is to be left.
“ Five hundred dollars is to be given when load is taken. After $500.00 worth of iron is taken out, another check for $500.00 will be given and so until the whole…
2Cases cited4 opinions
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- Foster v. RopesMassachusetts Supreme Judicial Court · 1872
- Sherwin v. MudgeMassachusetts Supreme Judicial Court · 1879
- Wesoloski v. WysoskiMassachusetts Supreme Judicial Court · 1904
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- Raldne Realty Corp. v. BrooksMassachusetts Supreme Judicial Court · 1932
- Wheatley v. H. & H. POULTRY CO.Superior Court of Delaware · 1950