Dittmar v. Norman
Massachusetts Supreme Judicial Court
Contract to recover §1140 on an account annexed for dualin sold by the plaintiff to the defendant. At the trial in the Superior Court before Pitman, J., without a jury, the plaintiff testified that previously to the time of the sale of the dualin to the defendant he had entered into a contract with the Laflin & Rand Powder Company, of New York, a copy of which contract is printed in the margin, and under which the parties had for some time acted; * that at the time of the…
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Contract to recover §1140 on an account annexed for dualin sold by the plaintiff to the defendant. At the trial in the Superior Court before Pitman, J., without a jury, the plaintiff testified that previously to the time of the sale of the dualin to the defendant he had entered into a contract with the Laflin & Rand Powder Company, of New York, a copy of which contract is printed in the margin, and under which the parties had for some time acted; * that at the time of the sale the contract had been broken by the Laflin & Rand Powder Company, and both parties had ceased to act under it; that a…
1Opinion of the CourtColt, J.
The cases relied on by the defendant to support the proposition that the property sued for belonged wholly to another at the time it was sold to him by the plaintiff, were cases of contracts to manufacture, where the title to the materials furnished and the goods produced was all the time in the one for whom the work was done, and who originally owned the stock used. It is not always easy to ascertain from the terms used the intention of *324the parties. There is no great difficulty in this contract. The plain purpose of it was to secure for the plaintiff facilities in the way of advances in cash…
2Cited by7 opinions
- Powder Co. v. BurkhardtSupreme Court of the United States · 1878
- Chadwick & Carr Co. v. SmithMassachusetts Supreme Judicial Court · 1936
- Wasey v. WhitcombMichigan Supreme Court · 1911
- Victor Equipment Co. v. Denton Independent School DistrictCourt of Appeals of Texas · 1977
- Brunswick-Balke Collender Co. v. HerrickSupreme Court of Vermont · 1891
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