Boston Dairy Co. v. Mulliken
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for milk sold and delivered. At the trial in the Superior Court, before Bell, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtBarker, J.
There was evidence tending to prove that the milk was sold to the defendant alone, or to the defendant and her sons upon her credit alone, and the writing, “ Charge the milk to me and I will pay for it,” which the plaintiff’s evidence tended to show had been signed by the defendant and delivered to the plaintiff, was relied upon by the latter in support of its *448contention that the milk was sold to the defendant. On the other hand there was evidence tending to show that the milk was sold to the defendant’s sons, who were minors, upon the strength of their statement that the defendant would be…
2Cases cited1 opinion
- Spurr v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1881
3Cited by11 opinions
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
- Hart v. BrierleyMassachusetts Supreme Judicial Court · 1905
- Hill v. HayesMassachusetts Supreme Judicial Court · 1908
- Dixon v. A. J. Cunningham Co.Massachusetts Supreme Judicial Court · 1926
- Copithorn v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1938
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