Whitwell v. Wyer
Massachusetts Supreme Judicial Court
Case upon a promise to deliver the plaintiffs twenty-five hogsheads of rum. At the trial, which was had upon the general issue, before Parker, J., at the last November term in this county, the evidence of the contract relied on was as follows: On the 22d day of June, 1812, (the morning when intelligence of the declaration of war against Great Britain was received in Boston,) the plaintiff Whit-well called on the defendant Wyer, a distiller in Boston, to purchase rum.
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Case upon a promise to deliver the plaintiffs twenty-five hogsheads of rum. At the trial, which was had upon the general issue, before Parker, J., at the last November term in this county, the evidence of the contract relied on was as follows: On the 22d day of June, 1812, (the morning when intelligence of the declaration of war against Great Britain was received in Boston,) the plaintiff Whit-well called on the defendant Wyer, a distiller in Boston, to purchase rum. After some inquiries for news, and observations on the prospect of war, in which there was no attempt to conceal any…
1Opinion of the CourtSewall, C. J.
The general question arising upon the evidence in this case is, whether the defendants performed their contract and bargain, by the delivery of the twenty-five hogsheads of rum specified in the bill of parcels, upon which they received a payment in part from the plaintiffs.
The argument for the plaintiffs is, that the contract proved entitled them to a delivery of twenty-five hogsheads, of what is called the customary size; which was not performed by a delivery of a like number of hogsheads of the smaller size ; and the plaintiffs have obtained a verdict for the deficiency in the quantity of…
2Cited by5 opinions
- State v. DunkleyUtah Supreme Court · 1935
- Flanagan v. DemarestThe Superior Court of New York City · 1865
- Dallavo v. RichardsonMichigan Supreme Court · 1903
- Fall River Whaling Co. v. BordenMassachusetts Supreme Judicial Court · 1852
- Lamb v. CraftsMassachusetts Supreme Judicial Court · 1847