Trimount Lumber Co. v. Murdough
Massachusetts Supreme Judicial Court
Contract for $730.52, with interest, upon a contract in writing made by letter for the price of certain lumber sold and delivered to the defendant.
Read the full summary
Contract for $730.52, with interest, upon a contract in writing made by letter for the price of certain lumber sold and delivered to the defendant. Writ dated August 16, 1911. The defendant’s answer, besides a general denial and an allegation of payment, contained the following: "Further answering the defendant says that the plaintiff agreed to deliver the lumber under the contract as it should be required by the defendant for the use in the building, to wit, the Classical High School, at Lynn, which the defendant, to the plaintiff’s knowledge, contracted to erect at that time in the city of…
1Opinion of the CourtBraley, J.
It appears from the correspondence between the parties, that the plaintiff’s predecessor, to whose rights it has succeeded, contracted to deliver, free on board at the place of shipment, a certain quantity of “long leaf merchantable hard pine,” the sizes of which were specified on schedules, which were to be used for the first floor of the high school building in process *256of erection by the defendant. The contract being by letter, its terms and construction were for the court, and there can be no doubt that it called for "all lumber furnished to be of “long leaf merchantable hard pine” of the…
2Cases cited6 opinions
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- Gilmore v. WilliamsMassachusetts Supreme Judicial Court · 1894
- Taylor v. ColeMassachusetts Supreme Judicial Court · 1873
- Gascoigne v. Cary Brick Co.Massachusetts Supreme Judicial Court · 1914
- Borden v. FineMassachusetts Supreme Judicial Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
- Wildman Mfg. Co. v. Davenport Hosiery MillsTennessee Supreme Court · 1922
- Marsh Wood Products Co. v. Babcock & Wilcox Co.Wisconsin Supreme Court · 1932
- Nashua River Paper Co. v. LindsayMassachusetts Supreme Judicial Court · 1924
- Wright v. General Carbonic Co.Supreme Court of Pennsylvania · 1921
17 more not listed; retrieve them via the Exa API.