Cavanaugh v. D. W. Ranlet Co.
Massachusetts Supreme Judicial Court
Contract, originally brought by Michael A., Thomas F. and James F. Cavanaugh, doing business as a copartnership under the name Cavanaugh Brothers, to whom afterwards was added as a plaintiff James Reid, with a declaration, as amended, in three counts.
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Contract, originally brought by Michael A., Thomas F. and James F. Cavanaugh, doing business as a copartnership under the name Cavanaugh Brothers, to whom afterwards was added as a plaintiff James Reid, with a declaration, as amended, in three counts. In the first count the plaintiffs alleged in substance that they purchased of the defendant a carload of straight clipped white oats that were guaranteed to be cool and sweet and paid the defendant therefor, but that the defendant never had delivered the oats to them. In the second count they alleged in substance that they and the defendant…
1Opinion of the CourtBraley, J.
The question for decision is whether the verdict for the defendant was ordered rightly.
It is undisputed that the plaintiffs doing business in Manchester, New Hampshire, purchased at an agreed price of the defendant *371doing business in Boston, Massachusetts, as a wholesale jobber of grain which it bought and sold in car lots, four carloads of “clipped white oats, to be cool and sweet,” delivery to be made at Manchester where the sale was consummated. But, as no evidence of the law of that State was introduced, the rights of the parties are to be determined at common law. Callender, McAuslan &…
2Cases cited15 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- Gould v. SteinMassachusetts Supreme Judicial Court · 1889
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ireland v. Louis K. Liggett Co.Massachusetts Supreme Judicial Court · 1922
- National City Bank v. KirkIndiana Court of Appeals · 1922
- Park & Pollard Co. v. Agricultural InsuranceMassachusetts Supreme Judicial Court · 1921
- Hashem v. Massachusetts Security Corp.Massachusetts Supreme Judicial Court · 1926
- Shohfi v. RiceMassachusetts Supreme Judicial Court · 1922
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