Twitchell-Champlin Co. v. Radovsky
Massachusetts Supreme Judicial Court
Contract, with a first count upon a contract in writing for $510 as the price of one hundred and fifty eases containing six hundred dozen clams, alleged to have been delivered to the defendant under the contract, and a second count upon an account annexed for the same amount. Writ dated August 17,1908. In the Superior Court the case was tried before Fox, J., without a jury.
Read the full summary
Contract, with a first count upon a contract in writing for $510 as the price of one hundred and fifty eases containing six hundred dozen clams, alleged to have been delivered to the defendant under the contract, and a second count upon an account annexed for the same amount. Writ dated August 17,1908. In the Superior Court the case was tried before Fox, J., without a jury. The plaintiff put in evidence a contract, in writing, the material portion of which was as follows: • “ 2113 1909. Sold to J. S. Radovsky At Fall River, Mass. How Ship — Rail. When — As below. Terms : — ly %■—10 days. 300…
1Opinion of the CourtBraley, J.
The defendant contends, that, as the goods when packed were to be shipped to him by rail at a price from which the cost of transportation was to be deducted, the title did not ' pass until their arrival at his place of business. But there was no express clause in the agreement that this expense was to be borne by the seller, and, while the amount undoubtedly measured what the buyer would have to pay for carriage, the stipulation could be found to have been intended by the parties as a discount from the seller’s regular prices, and not as a prepayment of the freight. The question was one of…
2Cases cited3 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Suit v. WoodhallMassachusetts Supreme Judicial Court · 1873
3Cited by7 opinions
- Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co.Court of Appeals for the Second Circuit · 1945
- Manhattan Clothing Co. v. GoldbergMassachusetts Supreme Judicial Court · 1948
- Edelstone v. SchimmelMassachusetts Supreme Judicial Court · 1919
- Levy v. RadkayMassachusetts Supreme Judicial Court · 1919
- United States Ex Rel. National U. S. Radiator Corp. v. D. C. Loveys Co.District Court, D. Massachusetts · 1959
2 more not listed; retrieve them via the Exa API.