Leavitt v. Fiberloid Co.
Massachusetts Supreme Judicial Court
Contract or tort, for damages resulting from the burning of “fiberloid” alleged to have been manufactured improperly and sold to the plaintiff by the defendant.
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Contract or tort, for damages resulting from the burning of “fiberloid” alleged to have been manufactured improperly and sold to the plaintiff by the defendant. Writ.in the Superior Court for the County of Essex dated February 14, 1906. There was a trial before Wait, J. The order written to the defendant by the plaintiff, mentioned in the fourth paragraph of the opinion, read as follows: “ Dear Sir: Please send at the earliest date possible, 10 sheets of 175 shell and 1 sheet No. 60 shell, and oblige, Yours truly, Mr. Geo. Leavitt, Peerless Mfg. Co., Salisbury, Mass.” ; and the bill of…
1Opinion of the CourtRugg, J.
The declaration contains two counts. The first count is in tort, and alleges that the defendant sold to the plaintiff certain comb stock known as fiberloid, which it had negligently manufactured, whereby fire ensued while the stock was being used in the ordinary way, causing damage to the property of the plaintiff. The second count is in contract, and alleges that the plaintiff purchased of the defendant, who was the manufacturer, fiberloid stock, respecting which the defendant made certain warranties, and that by reason of the stock not being as warranted it took fire and caused the…
2Cases cited48 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Jones v. GeorgeTexas Supreme Court · 1884
- De Witt v. BerrySupreme Court of the United States · 1890
- Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
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3Cited by83 opinions
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Bucholz v. Green Bros. Co.Massachusetts Supreme Judicial Court · 1930
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
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