Will M. Kinnard Co. v. Cutter Tower Co.
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for goods sold and delivered in pursuance of a written contract. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The plaintiff introduced in evidence the contract referred to, which was as follows: “ Will M. Kinnard Company, Manufacturers of Kinnard’s Patent Arm Rests and Ready Levellers for Blank Books, Dayton, Ohio.
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Contract, upon an account annexed, for goods sold and delivered in pursuance of a written contract. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The plaintiff introduced in evidence the contract referred to, which was as follows: “ Will M. Kinnard Company, Manufacturers of Kinnard’s Patent Arm Rests and Ready Levellers for Blank Books, Dayton, Ohio. Order No. . Boston, Mass., Dec. 14, 1889. Sold Messrs. Cutter Tower Company, Boston, Mass., 100 pairs Kinnard’s patent, Sept. 25, 1888, level boards, at $2 per pair;…
1Opinion of the CourtMorton, J.
We are unable fairly to construe, as a condition precedent to the taking effect of the contract, the talk between the plaintiff’s agent and the defendant’s president. The contract purports on its face to contain the entire agreement between the parties, and to be an absolute one. The evidence offered tended in effect to show that, if the defendant’s president found, on trying the article, that it would not go with their account-book, then the defendant was not to be liable on the contract. Assuming that the talk was not seller’s talk, such an arrangement was executory in its character, and…
2Cases cited3 opinions
- Black v. BachelderMassachusetts Supreme Judicial Court · 1876
- Lilienthal v. Suffolk Brewing Co.Massachusetts Supreme Judicial Court · 1891
- Fitz v. ComeyMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- Boston Supply Co. v. RubinMassachusetts Supreme Judicial Court · 1913
- Boston Consolidated Gas Co. v. FolsomMassachusetts Supreme Judicial Court · 1921
- Loveland v. Epstein Drug Co.Massachusetts Supreme Judicial Court · 1917
- Wall v. Britton Stevens Motors Co.Massachusetts Supreme Judicial Court · 1925
- Neale v. American Electric Vehicle Co.Massachusetts Supreme Judicial Court · 1904
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