Copeland v. Boston Dairy Co.
Massachusetts Supreme Judicial Court
Contract for the price of milk alleged to have been furnished to the defendant in March and April, 1900. Writ dated December 15, 1900. At the trial in the Superior Court before Lawton, J., it appeared that the plaintiff was a farmer in Colerain, and that the defendant was a corporation selling milk in Boston and in March and April, 1900, purchased milk from farmers in Colerain; that the milk was put by each farmer into cans furnished by the defendant, holding eight and one…
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Contract for the price of milk alleged to have been furnished to the defendant in March and April, 1900. Writ dated December 15, 1900. At the trial in the Superior Court before Lawton, J., it appeared that the plaintiff was a farmer in Colerain, and that the defendant was a corporation selling milk in Boston and in March and April, 1900, purchased milk from farmers in Colerain; that the milk was put by each farmer into cans furnished by the defendant, holding eight and one half quarts each, and payment was made monthly according to the number of cans furnished. These cans of milk were…
1Opinion of the CourtLoring, J.
The exceptions in this case must be sustained. By R. L. c. 56, §§ 56, 57, it is a criminal offence to sell milk which upon analysis is shown to contain less than the percentage of milk solids or milk fat there specified. A contract for the delivery of any other kind of milk would not support an action. See in this connection Miller v. Post, 1 Allen, 434. A contract to deliver milk means as matter of construction a contract to deliver milk up to the standard prescribed in R. L. c. 56, § 56, and a delivery of any other kind of milk would fail as matter of description to be a compliance with a…
2Cited by6 opinions
- Conroy v. MatherMassachusetts Supreme Judicial Court · 1914
- Brimbau v. Ausdale Equipment Rental Corp.Supreme Court of Rhode Island · 1982
- Urwan v. Northwestern National Life InsuranceWisconsin Supreme Court · 1905
- Commonwealth v. Boston White Cross Milk Co.Massachusetts Supreme Judicial Court · 1911
- Whitcomb v. Boston Dairy Co.Massachusetts Supreme Judicial Court · 1914
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