Reed v. Ashburnham Railroad
Massachusetts Supreme Judicial Court
Contract upon an account annexed for railroad materials alleged to have been sold by the plaintiffs to'the defendant corporation, and used in the construction of the defendant’s railroad.
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Contract upon an account annexed for railroad materials alleged to have been sold by the plaintiffs to'the defendant corporation, and used in the construction of the defendant’s railroad. Trial in the Superior Court, before Allen, J., who allowed a bill of exceptions in substance as follows: It appeared that the plaintiffs were agents of the Bay State Iron Company, and in that capacity, on September 4, 1872, concluded with George C. Winchester, as president of the defendant corporation, the negotiations for a sale of two hundred and forty tons of railroad iron to the defendant corporation…
1Opinion of the CourtAmes, J.
Upon this bill of exceptions we are of opinion that there was evidence in support of the plaintiffs’ claim. It appeared that immediately before the alleged sale, Winchester, as *47president of the defendant corporation, made a large purchase of railroad iron of the plaintiffs, and that the corporation sanctioned the proceeding, received and used the iron, and paid for it in the manner agreed to by Winchester. It also appeared that upon the application to the plaintiffs by Lynch, the contractor for the building of the defendant’s road, for spikes and other railroad material to be used, and…
2Cases cited2 opinions
- Smith v. CollinsMassachusetts Supreme Judicial Court · 1874
- Hall v. PikeMassachusetts Supreme Judicial Court · 1868
3Cited by7 opinions
- Ayer v. R. W. Bell Manufacturing Co.Massachusetts Supreme Judicial Court · 1888
- Gould v. KramerMassachusetts Supreme Judicial Court · 1925
- Cox v. RobinsonCourt of Appeals for the Ninth Circuit · 1897
- Paul v. ForbesMassachusetts Supreme Judicial Court · 1889
- Empire Engineering Co. v. Richmond Bros.Massachusetts District Court, Appellate Division · 1966
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