Chandler Grain & Milling Co. v. Shea
Massachusetts Supreme Judicial Court
Contract, upon four promissory notes, made by John Shea and payable to the Chandler Grain and Milling Company. Writ dated December 14, 1908; also Contract by Shea against the Chandler Grain and Milling Company upon the agreement described in the opinion, for the sale to Shea of “damaged meal.” Writ dated August 3, 1907. In the Superior Court the cases were tried together before Bell, J. The facts are stated in the opinion.
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Contract, upon four promissory notes, made by John Shea and payable to the Chandler Grain and Milling Company. Writ dated December 14, 1908; also Contract by Shea against the Chandler Grain and Milling Company upon the agreement described in the opinion, for the sale to Shea of “damaged meal.” Writ dated August 3, 1907. In the Superior Court the cases were tried together before Bell, J. The facts are stated in the opinion. Upon answers of the jury to special questions submitted to them the judge ordered a verdict for the plaintiff in the first case in the sum of $4,888.71, and for the…
1Opinion of the CourtRugg, C. J.
The Chandler Grain and Milling Company, hereafter called the company, was engaged in the business of grinding, milling and handling grain at wholesale. Shea conducted chiefly a retail business in grain and meal. The company executed and delivered to Shea on June 7,1907, a contract of the tenor following:
“We hereby confirm sale to you of five thousand (5000) bags Damaged Meal at 90c per bag f. o. b. teams or cars at our mill. It is understood that you are to have free storage for any portion of this meal for the remainder of this year; that it is at your risk as far as fire is concerned; that…
2Cases cited3 opinions
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
- Automatic Time Table Advertising Co. v. Automatic Time Table Co.Massachusetts Supreme Judicial Court · 1911
- Wesoloski v. WysoskiMassachusetts Supreme Judicial Court · 1904
3Cited by4 opinions
- National Wholesale Grocery Co. v. MannMassachusetts Supreme Judicial Court · 1925
- Coolidge v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1927
- Bay State Paper Co. v. DugganMassachusetts Supreme Judicial Court · 1913
- Rosen v. GarstonMassachusetts Supreme Judicial Court · 1946