Turner v. Langdon
Massachusetts Supreme Judicial Court
Contract on this account annexed : “ John H. Langdon, Dr. March 20, 1869. To one double runner sleigh, $86.00.” The writ was dated November 28, 1870. At the trial in the Superior Court, before Dewey, J., there was evidence that the plaintiff, March 20, 1869, held an auction sale, that the terms of sale there announced were that articles purchased should be paid for in cash or approved notes payable in sixty days; that the defendant bid off a sleigh for |36; that a few days…
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Contract on this account annexed : “ John H. Langdon, Dr. March 20, 1869. To one double runner sleigh, $86.00.” The writ was dated November 28, 1870. At the trial in the Superior Court, before Dewey, J., there was evidence that the plaintiff, March 20, 1869, held an auction sale, that the terms of sale there announced were that articles purchased should be paid for in cash or approved notes payable in sixty days; that the defendant bid off a sleigh for |36; that a few days after the sale, an agent of the defendant asked the plaintiff for the sleigh, and was told that he could not have it…
1Opinion of the CourtGray, C. J.
The practice act allows a count on an account annexed to be used whenever the cause of action would be correctly described by any of the common counts at common law. Gen. Sts. c. 129, § 2, cl. 7. Goods bargained and sold is one of the common counts. Stearns v. Washburn, 7 Gray, 187. The time of payment having expired before the bringing of this action, the facts which must have been found by the jury under the instructions of the court would have supported an action for goods bargained and sold. Hall v. Miller, Quincy, 252. Brooke v. White, 1 N. R. 330. Kymer v. Suwercropp, 1 Camp. 109.…
2Cases cited1 opinion
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
- Frazier v. SimmonsMassachusetts Supreme Judicial Court · 1885
- Folsom v. CornellMassachusetts Supreme Judicial Court · 1889