Gascoigne v. Cary Brick Co.
Massachusetts Supreme Judicial Court
Contract for an alleged breach of contract in failing to deliver to the plaintiffs brick of a required quality and color alleged to have been sold by sample to the plaintiffs by the defendant.
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Contract for an alleged breach of contract in failing to deliver to the plaintiffs brick of a required quality and color alleged to have been sold by sample to the plaintiffs by the defendant. Writ dated April 3, 1911. In the Superior Court the case was tried before Lawton, J. It appeared that the plaintiffs, in connection with a contract to build a brick house at North Easton, had agreed to build a twelve inch brick wall intended as a hothouse wall, and that the contract made with the defendant was for the sale and delivery of the bricks required for this wall. The evidence is described in…
1Opinion of the CourtBraley, J.
It is unquestioned, that delivery was free on board at the place where the bricks were to be used, and that the wall, after its erection, because of the variation in color, proved unacceptable to the supervising architect, and that the plaintiffs under their contract with the owner were obliged to demolish and rebuild it. The defendant, although promptly notified *304of the imperfections upon discovery, contends, that the sale was for a quality of bricks known to the trade as “up and down hard brick,” wherein uniformity of color is not contemplated, and asked the presiding judge in the first,…
2Cases cited8 opinions
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Gould v. SteinMassachusetts Supreme Judicial Court · 1889
- Taylor v. ColeMassachusetts Supreme Judicial Court · 1873
- Atwater v. ClancyMassachusetts Supreme Judicial Court · 1871
- Borden v. FineMassachusetts Supreme Judicial Court · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
- Nashua River Paper Co. v. LindsayMassachusetts Supreme Judicial Court · 1924
- Glazer v. SchwartzMassachusetts Supreme Judicial Court · 1931
- Stevens v. William S. Howe Co.Massachusetts Supreme Judicial Court · 1931
- Phoenix Spring Beverage Co. v. Harvard Brewing Co.Massachusetts Supreme Judicial Court · 1942
13 more not listed; retrieve them via the Exa API.