Cobb, Bates & Yerxa Co. v. Hills
Massachusetts Supreme Judicial Court
Contract upon an account annexed for $1,018.73 with interest from January 16,1910, when payment was demanded, the account containing a single item for the sum named as the price of sixty-two bales of Grenoble walnuts, containing thirteen thousand five hundred and eighty-three pounds at seven and one half cents a pound.
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Contract upon an account annexed for $1,018.73 with interest from January 16,1910, when payment was demanded, the account containing a single item for the sum named as the price of sixty-two bales of Grenoble walnuts, containing thirteen thousand five hundred and eighty-three pounds at seven and one half cents a pound. Writ dated May 20, 1909. The defendant’s answer, after a general denial, contained the following: “ And further answering the defendant denies that he bought the merchandise set out in the account annexed to the plaintiff’s declaration, but says that it was a barter trade and…
1Opinion of the CourtBraley, J.
If, as contended by the defendant, the walnuts were to be paid for by furnishing to the plaintiff as it might call for them other goods of equivalent value in which he dealt, there was upon the undisputed evidence a completed sale. Sales act, St. 1908, c. 237, § 9. Commonwealth v. Clark, 14 Gray, 367, 372. Howard v. Harris, 8 Allen, 297. Gallus v. Elmer, 193 Mass. 106. The title having passed, the only question as to liability was, whether on conflicting testimony the price was payable in money, with the burden of proof upon the, plaintiff. The seventh request, therefore, was rightly refused,…
2Cases cited5 opinions
- Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
- Gallus v. ElmerMassachusetts Supreme Judicial Court · 1906
- Emerson v. WarkMassachusetts Supreme Judicial Court · 1904
- Anderson v. MiddlebrookMassachusetts Supreme Judicial Court · 1909
- Sullivan v. FugazziMassachusetts Supreme Judicial Court · 1907
3Cited by4 opinions
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1939
- Kenyon v. HathawayMassachusetts Supreme Judicial Court · 1931
- Associates Discount Corp. v. C. E. Fay Co.Massachusetts Supreme Judicial Court · 1940
- Fraser v. FlandersMassachusetts Supreme Judicial Court · 1924