Farnum v. Ramsey
Massachusetts Supreme Judicial Court
Contract to recover $42.50, as the price of five tons of coal at $8.50 a ton sold and delivered by the plaintiff to the defendant, with interest thereon. Writ in the Second District Court of Southern Worcester dated May 31, 1916. The answer contained a general denial and further alleged that if the plaintiff delivered the coal it was not delivered to be charged to the defendant but was delivered on account to be charged to another party. There was no allegation of payment.
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Contract to recover $42.50, as the price of five tons of coal at $8.50 a ton sold and delivered by the plaintiff to the defendant, with interest thereon. Writ in the Second District Court of Southern Worcester dated May 31, 1916. The answer contained a general denial and further alleged that if the plaintiff delivered the coal it was not delivered to be charged to the defendant but was delivered on account to be charged to another party. There was no allegation of payment. On appeal to the Superior Court the case was tried before Bell, J. The evidence is described in the opinion. At the close…
1Opinion of the CourtLoring, J.
This is an action of contract for the price of five tons of coal allegéd to have been sold by the plaintiff to the defendant. The defendant had a verdict and the case is here on exceptions taken to the refusal to give the four instructions printed on page 287 and on one exception taken to that part of" the charge of the presiding judge there set forth.
The defendant was put on the witness stand by the plaintiff.' He testified “that he bought the coal of Sawyer and not of” the plaintiff; that Sawyer wanted the defendant to sell him a motor cycle and offered to* “give as the first payment five…
2Cases cited1 opinion
- Disney v. Furness, Withy & Co.District Court, D. Maryland · 1897
3Cited by5 opinions
- Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Fialkow v. DeVoe Motors, Inc.Massachusetts Supreme Judicial Court · 1971
- Roy v. ParkerMassachusetts Supreme Judicial Court · 1922
- National Bank v. Cambridge Salvage Supply Co.Massachusetts Supreme Judicial Court · 1930