Moffat v. Davitt
Massachusetts Supreme Judicial Court
Contract against Hugh Davitt and Donald J. Davitt, formerly copartners doing business under the name of Hugh Davitt, and Mary F. Davitt, doing business under the name of the Davitt Iron Foundry, for alleged breach of a contract in writing in failing to accept and pay for certain pig iron.
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Contract against Hugh Davitt and Donald J. Davitt, formerly copartners doing business under the name of Hugh Davitt, and Mary F. Davitt, doing business under the name of the Davitt Iron Foundry, for alleged breach of a contract in writing in failing to accept and pay for certain pig iron. Writ dated November 19, 1903. The declaration was amended during the trial by an amendment filed and allowed on June 14,1906. The amended declaration was as follows: “And the plaintiffs say that on or about July 25, 1902, they made a contract with one Hugh Davitt, a copy of which is annexed to their…
1Opinion of the CourtBraley, J.
The amended declaration having aptly set forth the contract and alleged as a breach the defendant’s unqualified refusal to accept and pay for the pig iron, a case was stated which if proved would entitle the plaintiffs to recover damages. Speirs v. Union Drop Forge Co. 180 Mass. 87. National Machine & Tool Co. v. Standard Shoe Machinery Co. 181 Mass. 275. Clark v. Gulesian, 197 Mass. 492. R. H. White Co. v. Remick, 198 Mass. 41.
*457If evidence of the business dealings between the plaintiffs and the former owner of the foundry, who originally had been joined as a party, was competent until the…
2Cases cited9 opinions
- Parker v. RussellMassachusetts Supreme Judicial Court · 1882
- Earnshaw v. WhittemoreMassachusetts Supreme Judicial Court · 1907
- Speirs v. Union Drop Forge Co.Massachusetts Supreme Judicial Court · 1901
- R. H. White Co. v. Remick & Co.Massachusetts Supreme Judicial Court · 1908
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Snelling v. DineMassachusetts Supreme Judicial Court · 1930
- Donlan v. City of BostonMassachusetts Supreme Judicial Court · 1916
- Hughes v. Eastern Railway & Lumber Co.Washington Supreme Court · 1916
4 more not listed; retrieve them via the Exa API.