Tufts v. Bennett
Massachusetts Supreme Judicial Court
Contract, to recover the purchase price of goods sold by the plaintiff to the defendant. Trial in the Superior Court without a jury, before Hammond, J„ who found for the plaintiff in the sum of one dollar, and the plaintiff alleged exceptions, the material portions of which appear in the opinion.
1Opinion of the CourtMorton, J.
The only question in this case relates to the measure of damages, and we think that the ruling of the court was correct. The contract was an executory one. Part of the goods ordered were kept in stock by the plaintiff, part were to be manufactured by him, part to be purchased elsewhere, and some labor and stock were to be expended in renovating certain apparatus for the defendant. The goods were ready for delivery at the time agreed, namely, July 1, 1892, and the plaintiff so notified the defendant, at the same time writing him that he understood that he, the defendant, was not ready for…
2Cases cited4 opinions
- Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874
- Whitney v. BoardmanMassachusetts Supreme Judicial Court · 1875
- Barry v. CavanaghMassachusetts Supreme Judicial Court · 1879
- Clement & Hawkes Manufacturing Co. v. MeseroleMassachusetts Supreme Judicial Court · 1871
3Cited by20 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Olds v. Mapes-Reeve Construction Co.Massachusetts Supreme Judicial Court · 1900
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