Bernstein v. W. B. Manufacturing Co.
Massachusetts Supreme Judicial Court
Contract for breach of an alleged contract to purchase boys’, wash suits from the plaintiffs doing business under the name and style, the Gotham Novelty Co. Writ dated March 15, 1919. In the Superior Court the action was tried before Morton, J. The order relied on by the plaintiffs was as follows: “ Date 7/3/18}- The Gotham Novelty Co., 37 West 26th Street, New York Order given by the W. & B. Mfg. Co.,' of 65 Essex Boston, Mass.
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Contract for breach of an alleged contract to purchase boys’, wash suits from the plaintiffs doing business under the name and style, the Gotham Novelty Co. Writ dated March 15, 1919. In the Superior Court the action was tried before Morton, J. The order relied on by the plaintiffs was as follows: “ Date 7/3/18}- The Gotham Novelty Co., 37 West 26th Street, New York Order given by the W. & B. Mfg. Co.,' of 65 Essex Boston, Mass. Ship by Fall River Delivery about Jan. 15 Terms Net 60 Salesman Henry Sturz “All orders accepted to be delivered to the best of our ability, but will under no…
1Opinion of the CourtPierce, J.
This is an action to recover damages for the alleged breach of a contract, which the plaintiffs claim resulted from an order that the defendant admits it placed with the plaintiffs for the delivery of certain goods.
The order so given called for the sale and delivery of one hundred and seventy-four dozen boys’ wash suits, and five sets of samples thereof at $16.50 a dozen. The admitted facts and evidence show that the plaintiffs delivered to the defendant on August 20, 1918, the five sets of samples called for by the order, and that it was paid therefor by the defendant in September, 1918. The…
2Cases cited2 opinions
- Richardson v. HardwickSupreme Court of the United States · 1882
- Bernstein v. W. B. Manufacturing Co.Massachusetts Supreme Judicial Court · 1920
3Cited by24 opinions
- Jackson v. Action for Boston Community Development, Inc.Massachusetts Supreme Judicial Court · 1988
- Cellucci v. Sun Oil Co.Massachusetts Appeals Court · 1974
- Simons v. American Dry Ginger Ale Co. Inc.Massachusetts Supreme Judicial Court · 1957
- Wright & Seaton, Inc. v. PrescottDistrict Court of Appeal of Florida · 1982
- De Witt County Public Building Commission v. County of De WittAppellate Court of Illinois · 1984
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