Fechteler v. Whittemore
Massachusetts Supreme Judicial Court
Contract upon an account annexed for the price of cards called “ transfer signs,” letters from which could be used in substitution for painted letters on signs for advertising.
Read the full summary
Contract upon an account annexed for the price of cards called “ transfer signs,” letters from which could be used in substitution for painted letters on signs for advertising. Writ dated July 27, 1906. The case was tried before Stevens, J. There was evidence tending to show that the defendants were engaged in the manufacture and sale of shoe polishes and furnished boot blacking stands which were placed in charge of bootblacks in various parts of the country; that one Smith, an agent of the plaintiffs, solicited an order from the defendants, for the transfer signs, that the question whether…
1Opinion of the CourtMorton, J.
The contract was partly in writing and partly oral, and it was rightly left to the jury to determine what the contract was and whether it had been performed by the plaintiffs. The jury were also rightly instructed that the defendants were not bound to accept and pay for the goods until they had had a reasonable opportunity to test and examine them, nor unless they were satisfactory to them, if they acted in good faith and did what they ought reasonably to have done to decide whether the goods were or were not satisfactory. In other words, the substance of the instructions in regard to the…
2Cases cited7 opinions
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
- Noyes v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1906
- Page v. CookMassachusetts Supreme Judicial Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
- Commissioner of Corporations & Taxation v. J. G. McCrory Co.Massachusetts Supreme Judicial Court · 1932
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- Anderson v. Frye & BruhnWashington Supreme Court · 1912
- Manhattan Clothing Co. v. GoldbergMassachusetts Supreme Judicial Court · 1948
7 more not listed; retrieve them via the Exa API.