Goddard v. Rawson
Massachusetts Supreme Judicial Court
Coxtract upon an account annexed for coal sold and delivered, and for weighing coal for the defendant. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court, in substance as follows: The plaintiff’s son testified that he, as agent of his father, sold and delivered the coal to the defendant; that he made out and signed, as weigher, certificates of the weight of the coal; and delivered them to the defendant; that he had for…
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Coxtract upon an account annexed for coal sold and delivered, and for weighing coal for the defendant. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court, in substance as follows: The plaintiff’s son testified that he, as agent of his father, sold and delivered the coal to the defendant; that he made out and signed, as weigher, certificates of the weight of the coal; and delivered them to the defendant; that he had for several years been in the habit of weighing coal and giving certificates of the weight; that this year, prior to the sale…
1Opinion of the CourtSoule, J.
The sale of coal, and the weighing of coal for another at a fixed price per load, are both legal transactions at common law. One entitles the seller to recover the value or agreed price of the article sold, while the other entitles him who renders the sent ice to the compensation stipulated for. The St. of 1870, c. 205, makes it unlawful to sell coal except by the cargo, which has not been weighed by a duly appointed and sworn weigher. The sales by the plaintiff to the defendant were therefore unlawful, if the plaintiff’s son who weighed the *99coal was not a sworn weigher; and the service of…
2Cases cited2 opinions
- Pratt v. LangdonMassachusetts Supreme Judicial Court · 1867
- Jones v. McLeodMassachusetts Supreme Judicial Court · 1869
3Cited by7 opinions
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Conroy v. MatherMassachusetts Supreme Judicial Court · 1914
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- Moroni v. BrawdersMassachusetts Supreme Judicial Court · 1944
- Ryan v. DiPaoloMassachusetts Supreme Judicial Court · 1943
2 more not listed; retrieve them via the Exa API.