Robbins v. Luce
Massachusetts Supreme Judicial Court
This was a writ of error brought to reverse a judgment of the Court of Common Pleas of this county, rendered in an action suéd by the plaintiff in error against the defendant, for not delivering him twenty-seven ash barrels, agreeably to the defendant’s promissory note in writing.
1Opinion of the Court
The defendant, by his plea in bar, admitted the making of the note, but he alleged that it was given in consideration of a wagon which he then bought of the plaintiff, and further states that it was at the same time agreed between them, that if the said R. should call for said barrels before the said 20th day of Sep- [ * 475 ] tember, [the day of payment fixed by the note,] * he, the said L., should deliver them, if he had them on hand ; and that if the said R. should not call for said barrels before, nor at the said time of payment, the said L. should not make an actual tender and delivery…
2Cited by16 opinions
- Smith v. LoomisSupreme Court of Connecticut · 1828
- Bickford v. DanielsSuperior Court of New Hampshire · 1819
- Crowl v. GoodenbergerMichigan Supreme Court · 1897
- Johnson v. BairdIndiana Supreme Court · 1833
- Wyman v. WinslowSupreme Judicial Court of Maine · 1834
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