Hettrick Manufacturing Co. v. Srere

In this ease plaintiff was granted a judgment for the full purchase price of cotton goods sold defendants but in fact never delivered. At the time of the trial the goods were in a mill warehouse at Fall River, Massachusetts. Defendants review by writ of error.

The questions may be grouped under the following claims:(1) There was no valid, binding contract of sale.(2) Plaintiff never performed, offered to perform, or was in position to perform the alleged contract of sale.(3) Plaintiff could not recover the purchase price of the goods; its proper remedy being an action for damages.

Plaintiff is…