John Hetherington & Sons, Ltd. v. William Firth Co.
Massachusetts Supreme Judicial Court
Contract for breach of a contract in writing which, as afterward modified orally, established terms under which the defendant was to sell certain machinery of the plaintiff in the United States and Canada. Writ dated November 15,1901. The case first was heard in the Superior Court without a jury, by Raymond, J., who found for the plaintiff.
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Contract for breach of a contract in writing which, as afterward modified orally, established terms under which the defendant was to sell certain machinery of the plaintiff in the United States and Canada. Writ dated November 15,1901. The case first was heard in the Superior Court without a jury, by Raymond, J., who found for the plaintiff. Exceptions of the defendant were sustained and a new trial, confined to the issue of damages, was ordered in a decision reported in 210 Mass. 8, where the entire contract is quoted. Thereafter and before a second trial of the case the plaintiff moved that…
1Opinion of the CourtRugg, C. J.
After the decision in this case in 210 Mass. 8, the Superior Court entered an order to the effect that the “case stand for trial only for the assessment of damages suffered by the plaintiff in expenses incurred by it in establishing new arrangements to carry on the business which the defendant undertook to do under its contract with the plaintiff.” This order was entered in consequence of a wide variance between the parties as to the extent and elements of damage open in the new trial. Being of opinion that the question of law involved in this interlocutory order ought to be determined by the…
2Cases cited9 opinions
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
- Bearce v. BowkerMassachusetts Supreme Judicial Court · 1874
- Francisco v. . SmithNew York Court of Appeals · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- O'BRIEN v. DwightMassachusetts Supreme Judicial Court · 1973
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Atlantic Maritime Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1917
- Mark v. Stuart-Howland Co.Massachusetts Supreme Judicial Court · 1917
- Real Property Co. v. PittMassachusetts Supreme Judicial Court · 1918
24 more not listed; retrieve them via the Exa API.