Folsom v. Cornell
Massachusetts Supreme Judicial Court
Contract, on an account annexed, for the price of lumber sold and delivered by the plaintiff to the defendant, brought in the Third District Court of Bristol. Trial in the Superior Court, on appeal, before Bishop, J., who allowed a bill of exceptions, in substance as follows.
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Contract, on an account annexed, for the price of lumber sold and delivered by the plaintiff to the defendant, brought in the Third District Court of Bristol. Trial in the Superior Court, on appeal, before Bishop, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified that he sold to the defendant a lot of furring to be called three inches wide, which was delivered as agreed; that he also sold and delivered to the defendant a quantity of laths- at the same time; that when he presented the bill the defendant wanted a discount on the furring, because, as he said,…
1Opinion of the CourtC. Allen, J.
The testimony of the plaintiff, if believed, was sufficient to show a completed sale and delivery of the *118property to the defendant at the outset, so that the jury might properly find that the plaintiff was entitled to recover upon the original contract of sale, unless there was an effectual rescission. There are several decisions to the effect that upon a rescission the same formalities must be observed in respect to delivery, in order to revest the title in the original vendor, as are necessary upon an original sale in order to vest the title in the vendee. Miller v. Smith, 1 Mason, 437.…
2Cases cited13 opinions
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
- Cooper v. CooperMassachusetts Supreme Judicial Court · 1888
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- Santom v. BallardMassachusetts Supreme Judicial Court · 1882
- Miller v. SmithU.S. Circuit Court for the District of Massachusetts · 1818
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ralya v. E. C. Atkins & Co.Indiana Supreme Court · 1901
- Young v. New Pedrara Onyx Co.California Court of Appeal · 1920
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- Shea v. Neponset River Marine & Sportfishing, Inc.Massachusetts Appeals Court · 1982
- Brown v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1898
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