Eaton v. Kegan
Massachusetts Supreme Judicial Court
Contract for goods sold and delivered. The defendant filed an account in set-off. At the trial in the Superior Court, before Brigham, C. J., without a jury, an auditor’s report was put in evidence, the material portion of which was as follows : “ I find that the plaintiff has sold and delivered goods to the defendant as set forth in his bill of particulars, to the amount of $264.35, and that all of these sales'were made after May 26,1871; and that the defendant has furnished…
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Contract for goods sold and delivered. The defendant filed an account in set-off. At the trial in the Superior Court, before Brigham, C. J., without a jury, an auditor’s report was put in evidence, the material portion of which was as follows : “ I find that the plaintiff has sold and delivered goods to the defendant as set forth in his bill of particulars, to the amount of $264.35, and that all of these sales'were made after May 26,1871; and that the defendant has furnished for the plaintiff goods, materials and labor as set forth in his account in set-off, to the amount of $182.50, and that…
1Opinion of the CourtEndicott, J.
This case comes before us on exceptions by both plaintiff and defendant. The presiding judge ruled that the plaintiff could recover for goods sold by the weights and measures used by him, to which ruling the defendant excepts on the ground that the weights and measures were not sealed according to law. He also ruled that the plaintiff could not legally sell oats and meal by the bag, to which ruling the plaintiff excepts. We think both rulings correct.
1. By St. 1870, c. 218, no sale by weights and measures is illegal, except when a person uses weights and measures after the sealer has demanded…
2Cited by10 opinions
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- People v. WagnerMichigan Supreme Court · 1891
- Swank v. MoisanOregon Supreme Court · 1917
- Buccella v. SchusterMassachusetts Supreme Judicial Court · 1960
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