Kemensky v. Chapin
Massachusetts Supreme Judicial Court
Contract, with three counts, the first for $397 for onions sold and delivered, the second for damages for the breach of an oral contract to purchase the same onions, and the third on an account annexed, all three counts being alleged to be for the same cause of action.
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Contract, with three counts, the first for $397 for onions sold and delivered, the second for damages for the breach of an oral contract to purchase the same onions, and the third on an account annexed, all three counts being alleged to be for the same cause of action. Writ dated February 19, 1906. The answer contained a general denial, alleged that the onions were sold by sample and were not in accordance with the sample, and pleaded R. L. c. 74, § 5. In the Superior Court the case was tried before Hitchcock, J. The plaintiff was a Polish farmer, and testified that in 1905 he raised onions…
1Opinion of the CourtBraley, J.
Independently of R. L. c. 74, § 5, which makes unenforceable a contract for the sale of goods for $50 or more where there is neither a memorandum in writing nor a partial payment of the price, unless the purchaser receives and accepts a part of the goods sold, it became a question of fact whether the onions which the plaintiff delivered corresponded in size and quality with those shown by the sample. Townsend v. Hargraves, 118 Mass. 325, 332. McLean v. Richardson, 127 Mass. 339. Obery v. Lander, 179 Mass. 125, 131.
But, if upon this issue the verdict might have been in his favor, as the…
2Cases cited24 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
- Cooke v. . MillardNew York Court of Appeals · 1875
- Stone v. . BrowningNew York Court of Appeals · 1877
- Stone v. . BrowningNew York Court of Appeals · 1872
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3Cited by7 opinions
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Sarkisian v. TeeleMassachusetts Supreme Judicial Court · 1909
- Houghton & Dutton Co. v. Journal Engraving Co.Massachusetts Supreme Judicial Court · 1922
- New London Ship & Engine Co. v. SimpsonMassachusetts Supreme Judicial Court · 1925
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