Nichols v. Morse
Massachusetts Supreme Judicial Court
Contract for goods sold and delivered according to and on an account annexed. At the trial in the superior court, before Reed, J., the plaintiff introduced evidence tending to show that he contracted to sell and the defendants contracted to buy, a certain quantity of hay of a certain quality, to be delivered at a certain place; that the hay was so delivered at the place agreed; that it was duly inspected and weighed; that the defendants were notified thereof; and that…
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Contract for goods sold and delivered according to and on an account annexed. At the trial in the superior court, before Reed, J., the plaintiff introduced evidence tending to show that he contracted to sell and the defendants contracted to buy, a certain quantity of hay of a certain quality, to be delivered at a certain place; that the hay was so delivered at the place agreed; that it was duly inspected and weighed; that the defendants were notified thereof; and that nothing remained to be done on the part of the plaintiff. The defendants introduced evidence tending to show that the hay was…
1Opinion of the Court
By the Court.
It appearing that there was a delivery as well as a sale, the action may be maintained upon the declaration. Exceptions overruled.
2Cited by27 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925
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