Worcester Post Co. v. W. H. Parsons Co.
Court of Appeals for the First Circuit
In Error to the District Court of the United States for the District of Massachusetts; James M. Morton, Judge. Action by the Worcester Post Company against the W. H. Parsons Company. Judgment for defendant (257 Fed. 774), and plaintiff brings error.
1Opinion of the Court
ALDRICH, District Judge.
This case is here upon writ of error, ■and it involves the rights of the parties under a written contract. The questions relate to a construction of the contract, so far as its terms are expressed and unaffected by practical construction by the parties through conduct, and to findings of fact in respect to certain matters relating to conduct which were left open under its provisions.
The contract was for delivery of news paper by the manufacturer to the Worcester Post Company for use in its daily publication.
[1] There was an express provision for 900 tons, and there was…
2Cases cited1 opinion
- Spooner v. CummingsMassachusetts Supreme Judicial Court · 1890
3Cited by2 opinions
- William C. Atwater & Co. v. Terminal Coal Corp.District Court, D. Massachusetts · 1940
- Phoenix State Bank & Trust Co. v. BurpeeConnecticut Superior Court · 1946