Alden v. Thurber
Massachusetts Supreme Judicial Court
Contract. The declaration was in three counts, the first of which was for the breach of an agreement by the defendants to sell to the plaintiff pure raspberry jam, and the second and third counts for a balance of an account between the parties alleged to be due the plaintiff. Trial in the Superior Court, before Lathrop, J., who reported the case for the determination of this court, the report so far as material being as follows. The following facts appeared in evidence.
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Contract. The declaration was in three counts, the first of which was for the breach of an agreement by the defendants to sell to the plaintiff pure raspberry jam, and the second and third counts for a balance of an account between the parties alleged to be due the plaintiff. Trial in the Superior Court, before Lathrop, J., who reported the case for the determination of this court, the report so far as material being as follows. The following facts appeared in evidence. The plaintiff, a grocer and dealer in jams in Boston, on August 25, 1882, gave an order to the defendants, who were grocers…
1Opinion of the Court
MortoíT, C. J.
The defendants agreed to sell to the plaintiff about ten thousand pounds of pure raspberry jam. They sent the jam to the plaintiff at Boston, and he remitted to them one thousand dollars in part payment of the agreed price. After the receipt of the jam, the plaintiff found and claimed that it was not pure raspberry jam, such as the contract called for. Some correspondence ensued between the parties, and on January 22, 1883, the defendants wrote to the plaintiff as follows: “ I regret very much your dissatisfaction about that lot of raspberry jam. Having seen the attorney’s…
2Cases cited1 opinion
- Rogers v. Rogers & BrotherMassachusetts Supreme Judicial Court · 1885
3Cited by13 opinions
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- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Watkins v. Simplex Time Recorder Co.Massachusetts Supreme Judicial Court · 1944
- Ralya v. E. C. Atkins & Co.Indiana Supreme Court · 1901
- Drohan v. Lake Shore & Michigan Southern Railway Co.Massachusetts Supreme Judicial Court · 1894
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