Upton v. Winchester
Massachusetts Supreme Judicial Court
Contract on an account annexed, as follows: “To 13,875 feet oak lumber, @ $23, $319.13.” At the trial in the superior court, before Willcinson, J., the jury returned a verdict for the plaintiffs, and the defendants alleged exceptions. The material facts are stated in the opinion.
1Opinion of the CourtMorton, J.
The plaintiffs’ evidence tended to prove that the defendants purchased of them a quantity of plank, lying in two ranges in the plaintiffs’ mill yard, consisting almost entirely of oak, but containing a little ash, and that the defendants, knowing that a part of it was not oak, agreed to pay $23 per thousand feet for the plank in the two ranges, according to a survey which had been made. The defendants denied this, and their evidence tended to prove that they entered into negotiations with the plaintiffs for the purchase of the oak plank contained in the two ranges, but that no contract of…
2Cases cited1 opinion
- Robinson v. Bright'sCourt of Appeals of Kentucky · 1860
3Cited by9 opinions
- Locke v. KrautSupreme Court of Connecticut · 1912
- Nickerson v. GouldSupreme Judicial Court of Maine · 1890
- Nickerson v. SpindellMassachusetts Supreme Judicial Court · 1895
- Norris v. SpoffordMassachusetts Supreme Judicial Court · 1879
- Wood v. FinsonSupreme Judicial Court of Maine · 1898
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