Florence Machine Co. v. Daggett
Massachusetts Supreme Judicial Court
Contract, for breach of an agreement in writing, dated January 4, 1882, by the terms of which the defendant agreed to make for the plaintiff five thousand oil stoves, from patterns to be furnished by the plaintiff, “ deliveries to be made as rapidly as possible, and not to extend beyond May 1, 1882.” At the trial in the Superior Court, before Crardner, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtDevens, J.
1. The defendant had contracted in writing to furnish to the plaintiff, for a price agreed, on or before a certain day, the castings for five thousand stoves of a particular model. The plaintiff was to furnish the patterns from which the castings were to be made. Before the day arrived, the defendant refused to complete his contract, upon the ground that the plaintiff had unreasonably delayed to furnish the patterns, that, after they were furnished,-alterations in the patterns were necessary *583before the castings made therefrom could be so fitted together as to form a complete stove, and that…
2Cases cited5 opinions
- Spurr v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1881
- Star Glass Co. v. MoreyMassachusetts Supreme Judicial Court · 1871
- Loveland v. BurkeMassachusetts Supreme Judicial Court · 1876
- Howe v. HardyMassachusetts Supreme Judicial Court · 1871
- Clark v. Inhabitants of RussellMassachusetts Supreme Judicial Court · 1872
3Cited by16 opinions
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Morningstar v. CunninghamIndiana Supreme Court · 1887
- Lillard v. Kentucky Distilleries & Warehouse Co.Court of Appeals for the Sixth Circuit · 1904
- Watkins v. Mountain Home Co-operative Irrigation Co.Idaho Supreme Court · 1921
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