Borrowscale v. Bosworth
Massachusetts Supreme Judicial Court
Contract on an account charging the defendants, Royal Bosworth and Edward S. Hamlin, partners under the firm of Bosworth & Hamlin, with the price of a cargo of coal, and crediting them with a less amount received by the plaintiffs, John Borrowscale and Joseph W. Gregg, partners under the firm of John Borrowscale & Co from a sale of the coal after the defendants refused to receive it.
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Contract on an account charging the defendants, Royal Bosworth and Edward S. Hamlin, partners under the firm of Bosworth & Hamlin, with the price of a cargo of coal, and crediting them with a less amount received by the plaintiffs, John Borrowscale and Joseph W. Gregg, partners under the firm of John Borrowscale & Co from a sale of the coal after the defendants refused to receive it. The answer denied the making of any contract with the plaintiffs; and set up the statute of frauds. At the trial in the superior court, before Ames, C. J., it appeared that the plaintiffs, whose place of business…
1Opinion of the CourtHoar, J.
The question whether the oral contract for the sale of this cargo was upon the condition that it should be shipped in a vessel which could discharge at the defendants’ wharf should have been submitted to the jury, if it was material to the decision of the case, because the evidence upon it was conflicting. The further question, whether the lapse of time between the receipt of the bill of lading by the defendants and their sending it back to the plaintiffs, in connection with the other circumstances of the case; showed an intention on the part of the defendants to assume the ownership of the…
2Cited by10 opinions
- Hinchman v. LincolnSupreme Court of the United States · 1888
- Buffington v. McNallyMassachusetts Supreme Judicial Court · 1906
- Fay v. WalshMassachusetts Supreme Judicial Court · 1906
- Cavanaugh v. D. W. Ranlet Co.Massachusetts Supreme Judicial Court · 1918
- Dwight R. Woodford Co. v. JohnsonMassachusetts Supreme Judicial Court · 1933
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