Edelstone v. Schimmel
Massachusetts Supreme Judicial Court
Two actions of contract, the first action being for $222.91, the purchase price of ten bales of oil mill motes alleged to have been sold and delivered to the defendant, and the second action being for damages due to a refusal of the defendant to carry out the terms of a sale to him of twenty-three thousand pounds of willowed picker, a quality of damaged cotton.
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Two actions of contract, the first action being for $222.91, the purchase price of ten bales of oil mill motes alleged to have been sold and delivered to the defendant, and the second action being for damages due to a refusal of the defendant to carry out the terms of a sale to him of twenty-three thousand pounds of willowed picker, a quality of damaged cotton. Writs in the Municipal Court of the City of Boston dated March 6, 1917. In the Municipal Court the cases were tried together. The evidence in the second action on the question of damages ■ was as follows: Thé plaintiffs testified that…
1Opinion of the CourtRugg, C. J.
These are two actions of contracts based upon sales of goods. For convenience we treat each case separately.
First Case.
This is an action to recover for goods sold and delivered. On December 29, 1916, the defendant at the plaintiffs’ place of business in Boston made an agreement to buy of the plaintiffs “ten (10) bales of oil mill motes at 4% c. per pound, F. O. B. Boston, terms 1%, 10 net 30 days, to be shipped by the N. Y., N. H. & *48H. R. R. — to be shipped at once to New York.” There was no dispute between the parties as to the terms of this agreement. These goods were shipped to the…
2Cases cited15 opinions
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Daley v. People's Building, Loan & Saving Ass'nMassachusetts Supreme Judicial Court · 1901
- Mullaly v. AustinMassachusetts Supreme Judicial Court · 1867
- R. H. White Co. v. Remick & Co.Massachusetts Supreme Judicial Court · 1908
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3Cited by13 opinions
- St. John Brothers Co. v. FalksonMassachusetts Supreme Judicial Court · 1921
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- Shapiro v. Park Trust Co.Massachusetts Supreme Judicial Court · 1925
- Chadwick & Carr Co. v. SmithMassachusetts Supreme Judicial Court · 1936
- Callan v. AndrewsCourt of Appeals for the Second Circuit · 1931
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