Legal Opinion

Garfield v. Peerless Motor Car Co.

Massachusetts Supreme Judicial Court

Decided October 28, 1905PublishedCited by 23 opinions

1Opinion of the CourtLoring, J.

[After the foregoing statement of the case.] 1. The defendant’s first contention is that the sale to Orndorff was outside the plaintiff’s territory because the contract of sale was made in Boston and the car sold was delivered in Gloucester. His position is that the place where the sale is made, not the residence of the purchaser, is the test. But we do not think that it is so. It is manifest that the contract contemplates that persons buying cars or supplies shall buy them in the territory in which they belong. It is expressly provided that if the agent receives inquiries from territory…

2Cases cited4 opinions

  1. Boruszweski v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1904
  2. Golden Gate Packing Co. v. Farmers' UnionCalifornia Supreme Court · 1880
  3. Wyckoff, Seamans & Benedict v. BishopMichigan Supreme Court · 1897
  4. Wiggin v. Consolidated Adjustable Shoe Co.Massachusetts Supreme Judicial Court · 1894

3Cited by23 opinions

  1. Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
  2. Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
  3. Buckley & Scott Utilities, Inc. v. Petroleum Heat & Power Co.Massachusetts Supreme Judicial Court · 1943
  4. United States v. United Shoe MacHinery CorporationDistrict Court, D. Massachusetts · 1950
  5. Botti v. Venice Grocery Co.Massachusetts Supreme Judicial Court · 1941

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