Barry v. Woodbury
Massachusetts Supreme Judicial Court
Contract or tort, with a declaration, as amended, in four counts. Writ dated March 21, 1906. The first count of the declaration was for the conversion, among other things, of an engine and a boiler.
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Contract or tort, with a declaration, as amended, in four counts. Writ dated March 21, 1906. The first count of the declaration was for the conversion, among other things, of an engine and a boiler. The second count alleged that on or about October 23, 1902, the defendant and the plaintiff entered into a contract “ by the terms of which the defendant agreed that, if the plaintiff would let certain property of the plaintiff . . . [the engine and boiler in question] . . . remain in the Watertown Rubber Factory so called and be sold by the defendant with said factory, the defendant would within…
1Opinion of the CourtHammond, J.
There was evidence of an agreement between the plaintiffs and the defendant, by the terms of which the latter contracted to sell to the former certain machinery, including the boiler and engine in question, then in a factory of the defendant, and that the plaintiffs paid the defendant the full contract price therefor and took the receipt of October 23, 1902. The machinery was to be regarded, when severed, as personal property. Under such a contract the plaintiffs were licensed to enter upon the land, sever the articles covered by the contract and carry them away as their own property. Claflin…
2Cases cited3 opinions
- McLean v. RichardsonMassachusetts Supreme Judicial Court · 1879
- Tangney v. SullivanMassachusetts Supreme Judicial Court · 1895
- Carpenter v. FisherMassachusetts Supreme Judicial Court · 1899
3Cited by5 opinions
- Orr v. KeithMassachusetts Supreme Judicial Court · 1923
- Oesting v. City of New BedfordMassachusetts Supreme Judicial Court · 1912
- Surplus Properties Corp. v. United StatesUnited States Court of Claims · 1951
- Cretecos v. LuciaMassachusetts Supreme Judicial Court · 1957
- Barry v. WoodburyMassachusetts Supreme Judicial Court · 1912