Cummings v. Arnold
Massachusetts Supreme Judicial Court
Assumpsit on the following agreement: “ October 26th 1838. This is to show that I agree to furnish and deliver to Cummings, Hildreth & Co. of Boston, all the printing cloths which I make in my looms, which are on 35 inch cloths, and which make 150 pieces of cloth per week ; the quality to be the same as those sold by H. Power to Cummings, Hildreth & Co. on my account; the warp being 64 picks to the inch, the filling 60 picks or threads to the inch.
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Assumpsit on the following agreement: “ October 26th 1838. This is to show that I agree to furnish and deliver to Cummings, Hildreth & Co. of Boston, all the printing cloths which I make in my looms, which are on 35 inch cloths, and which make 150 pieces of cloth per week ; the quality to be the same as those sold by H. Power to Cummings, Hildreth & Co. on my account; the warp being 64 picks to the inch, the filling 60 picks or threads to the inch. These goods, to the amount of one hundred and fifty pieces per week, 1 agree to deliver to Cummings, Hildreth & Co. in Boston, up to March 1st…
1Opinion of the CourtWilde, J.
This case comes before us on exceptions to the rulings of the court at the trial, whereby the evidence offered by the defendants was rejected, on the ground that the facts of fered to be proved would not constitute a legal defence. The action is founded on a written contract, by which the defendants undertook to deliver to the plaintiffs, at a stipulated price, a certain quantity of cloths for printing, from time to time, between the 26th day of October 1838, and the first of March following.
The defendants admit that the written contract was not performed by them according to the terms of it;…
2Cases cited7 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Lattimore v. HarsenNew York Supreme Court · 1817
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Brewster v. CountrymanNew York Supreme Court · 1834
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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