Seaver v. Weston
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for lumber sold and delivered. The answer alleged that on October 17, 1888, one George P. Hardy and the defendant executed a written contract, by the terms of which Hardy was to sell and the defendant was to buy all the lumber manufactured at Hardy’s mill in Vermont, from November 1, 1888, to November 1, 1889, and the defendant was to advance to Hardy the sum of one thousand dollars each month until a certain sum had been advanced, which…
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Contract, upon an account annexed, for lumber sold and delivered. The answer alleged that on October 17, 1888, one George P. Hardy and the defendant executed a written contract, by the terms of which Hardy was to sell and the defendant was to buy all the lumber manufactured at Hardy’s mill in Vermont, from November 1, 1888, to November 1, 1889, and the defendant was to advance to Hardy the sum of one thousand dollars each month until a certain sum had been advanced, which was to be paid by the defendant’s notes; that Hardy delivered the lumber to the defendant, who made the advances as…
1Opinion of the CourtKnowlton, J.
At the time of the death of the plaintiff’s intestate, George P. Hardy, there was a large quantity of unmanufactured lumber in his possession which passed to the plaintiff *204by virtue of his appointment as administrator. This he could dispose of for the benefit of the estate in any reasonable way. He was accountable for the proceeds of it under his official bond. If he chose not to carry out the • contract which Hardy had made in his lifetime with the defendant, the latter would have a claim for damages against the estate. The estate was insolvent, and under the laws of Vermont claims against…
2Cases cited6 opinions
- Aiken v. BridgmanSupreme Court of Vermont · 1864
- Bates v. SabinSupreme Court of Vermont · 1892
- Gifford v. Thomas' EstateSupreme Court of Vermont · 1889
- Hatch v. Hatch's EstateSupreme Court of Vermont · 1887
- Kent v. BothwellMassachusetts Supreme Judicial Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Boles v. Hotel Maytag Co.Supreme Court of Iowa · 1934
- Mahon v. Harney County Nat. BankOregon Supreme Court · 1922
- Pinner v. TempleMassachusetts Supreme Judicial Court · 1935
- Allen v. HollemanSupreme Court of South Carolina · 1931