W. H. Pride & Co. v. W. R. Marshall & Co.
Massachusetts Supreme Judicial Court
Contract, the declaration originally being for $17,000, the purchase price of two thousand cases of raspberry jam which the plaintiff, a manufacturing corporation, had sold to the defendant, retaining its vendor’s lien by forwarding bill of lading with draft attached, and $2,000, alleged to be the expenses of their storage and shipment, and a count being added by amendment on January 14, 1920, claiming $8,117.07 and interest as a balance alleged to be due to the plaintiff…
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Contract, the declaration originally being for $17,000, the purchase price of two thousand cases of raspberry jam which the plaintiff, a manufacturing corporation, had sold to the defendant, retaining its vendor’s lien by forwarding bill of lading with draft attached, and $2,000, alleged to be the expenses of their storage and shipment, and a count being added by amendment on January 14, 1920, claiming $8,117.07 and interest as a balance alleged to be due to the plaintiff after the resale of the jam for the defendant’s account described in the opinion. Writ dated July 8, 1919. In the Superior…
1Opinion of the CourtCarroll, J.
On October 7, 1918, the plaintiff sold to the defendant two thousand cases of raspberry jam packed in tins, f. o. b. Bellingham, Washington. The merchandise was shipped on October 19, 1918, and an indorsed bill of lading with ten days’ draft for $16,575 was sent forward and duly presented on October 30, 1918. The jam arrived in Boston on December 14. The defendant did not accept it nor pay the draft. In January following, after the defendant had failed to sell the goods, it placed them in storage. On July 8, 1919, the plaintiff brought suit for the price of the jam together with the expenses…
2Cases cited3 opinions
- Putnam v. GliddenMassachusetts Supreme Judicial Court · 1893
- Winchester Rock & Brick Co. v. MurdoughMassachusetts Supreme Judicial Court · 1919
- Guinzburg v. H. W. Downs Co.Massachusetts Supreme Judicial Court · 1896
3Cited by3 opinions
- John H. Giles Dyeing MacHine Co. v. Klauder-Weldon Dyeing MacHine Co.New York Court of Appeals · 1922
- Lincoln v. CrollMassachusetts Supreme Judicial Court · 1924
- Jones v. Le May-Lieb Corp.Massachusetts Supreme Judicial Court · 1938