Hanson & Parker, Ltd. v. Wittenberg
Massachusetts Supreme Judicial Court
Three actions of contract, the first two brought by Hanson and Parker, Limited, a corporation engaged in the wholesale coal business in Boston with a branch office in New York, against C. J. Wittenberg of New York, an agent for certain West Virginia coal mines, and the High Carbon Coal and Coke Company, one of these actions being for damages for an alleged breach of a contract to deliver to the plaintiff coal of a certain kind and quality and the other action being on an…
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Three actions of contract, the first two brought by Hanson and Parker, Limited, a corporation engaged in the wholesale coal business in Boston with a branch office in New York, against C. J. Wittenberg of New York, an agent for certain West Virginia coal mines, and the High Carbon Coal and Coke Company, one of these actions being for damages for an alleged breach of a contract to deliver to the plaintiff coal of a certain kind and quality and the other action being on an account annexed for SI,483.53 for money paid for insurance, freight, towing and shifting, and the third action brought by…
1Opinion of the CourtBraley, J.
The only evidence introduced at the trial was the auditor’s report, and, his findings of fact evidently having been affirmed by the judge who tried the case without a jury, the questions raised by the exceptions rest upon the refusals to rule, and the rulings, as to the effect of the evidence. Beers v. Wardwell, 198 Mass. 236. During the period covered by the transactions the plaintiff corporation was engaged as a jobber in selling coal at wholesale, with its principal office in Boston. If occasional sales were made elsewhere, the bulk of its trade was supplying customers within the territory…
2Cases cited31 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
26 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Watkins v. Simplex Time Recorder Co.Massachusetts Supreme Judicial Court · 1944
- Nelson Theatre Co. v. NelsonMassachusetts Supreme Judicial Court · 1913
49 more not listed; retrieve them via the Exa API.