Letts-Parker Grocer Co. v. W. R. Marshall & Co.
Massachusetts Supreme Judicial Court
Contract for $515, being the excess paid by the plaintiff over the contract price for eight hundred cases of sardines, which the defendant agreed to ship to the plaintiff in September, 1916, under a contract made on July 25, 1916, and confirmed by the defendant on July 27, 1916, and which the defendant refused to deliver, whereby the plaintiff was forced to purchase the sardines called for by the contract in the open market at a greatly increased price.
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Contract for $515, being the excess paid by the plaintiff over the contract price for eight hundred cases of sardines, which the defendant agreed to ship to the plaintiff in September, 1916, under a contract made on July 25, 1916, and confirmed by the defendant on July 27, 1916, and which the defendant refused to deliver, whereby the plaintiff was forced to purchase the sardines called for by the contract in the open market at a greatly increased price. Writ dated December 20, 1916. In the Superior Court the case was tried before McLaughlin, J. At the close of the evidence, which is described…
1Opinion of the CourtBraley, J.
The parties are not in controversy over the facts, and the question for decision is whether on the record a contract was entered into for breach of which the defendant is liable.
It appears that on July 25, 1916, the defendant’s agent negotiated a sale to the plaintiff of a carload of eight hundred cases of sardines, and the memorandum of sale as finally confirmed on July 27, 1916, contained the words “September shipment or no sale.” The plaintiff having demanded shipment in September, which the defendant refused to make, the present action is brought to recover the difference between the…
2Cases cited4 opinions
- Keller v. WebbMassachusetts Supreme Judicial Court · 1878
- Washburn-Crosby Co. v. Home InsuranceMassachusetts Supreme Judicial Court · 1908
- Curtis v. OgdenMassachusetts Supreme Judicial Court · 1914
- Perkins v. HanksMassachusetts Supreme Judicial Court · 1905
3Cited by6 opinions
- Shayeb v. HollandMassachusetts Supreme Judicial Court · 1947
- Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
- Gainsboro v. ShafferMassachusetts Supreme Judicial Court · 1959
- JPMorgan Chase & Co. v. CasaranoMassachusetts Appeals Court · 2012
- Killion v. SchleiferCourt of Appeals for the First Circuit · 1950
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