Legal Opinion

Swett v. Boyce

Massachusetts Supreme Judicial Court

Decided March 2, 1883PublishedCited by 4 opinions

Replevin of a lot of household furniture, against Cadis B. Boyce and William Boyce, copartners doing business under the name of Boyce Brothers, and John A. Clark.

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Replevin of a lot of household furniture, against Cadis B. Boyce and William Boyce, copartners doing business under the name of Boyce Brothers, and John A. Clark. Writ dated December 22,1879. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows: The plaintiff obtained a lot of goods to the amount of $745.79, on March 8, 1875, under an agreement signed by her, which, after setting forth a schedule of the goods, the price of each article and the aggregate price, proceeded as follows: “I have this day…

1Opinion of the CourtField, J.

It is perhaps not a pure question of law, whether, on the facts found, the successive purchases of goods are to be regarded as made under one entire contract or under separate contracts. The parties may have intended that the goods purchased after the first agreement should be held under the original agreement, in the same manner and with the same rights in each party as if they had been a part of the original purchase, or that each successive lot of goods purchased should be held as *387a separate purchase upon the same terms and conditions as are contained in the original agreement. The precise…

2Cases cited3 opinions

  1. Crompton v. PrattMassachusetts Supreme Judicial Court · 1870
  2. Hall v. WhiteMassachusetts Supreme Judicial Court · 1871
  3. Worthley v. EmersonMassachusetts Supreme Judicial Court · 1874

3Cited by4 opinions

  1. Sylvester v. SheaMassachusetts Supreme Judicial Court · 1932
  2. Cushman v. SnowMassachusetts Supreme Judicial Court · 1904
  3. Snell v. RousseauMassachusetts Supreme Judicial Court · 1926
  4. Sartwell v. HumphreyMassachusetts Supreme Judicial Court · 1884

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