Magnolia Metal Co. v. Gale
Massachusetts Supreme Judicial Court
Contract for an alleged breach of a contract in writing. Writ in the Supreme Judicial Court dated July 15,1903. At the first trial of the case before Braley, J. the jury returned a verdict for the plaintiff in the sum of $23,418.01, and an exception of the defendant in regard to the assessment of damages was sustained by this court in a decision reported in 189 Mass. 124. A new trial was granted upon the matter of damages only.
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Contract for an alleged breach of a contract in writing. Writ in the Supreme Judicial Court dated July 15,1903. At the first trial of the case before Braley, J. the jury returned a verdict for the plaintiff in the sum of $23,418.01, and an exception of the defendant in regard to the assessment of damages was sustained by this court in a decision reported in 189 Mass. 124. A new trial was granted upon the matter of damages only. At this trial before Barker, J. the jury on September 28, 1905, returned a verdict for the plaintiff in the sum of $25,346.60. The defendant alleged exceptions, which…
1Opinion of the CourtKnowlton, C. J.
The trial in which these exceptions were taken was confined to an assessment of damages. The first exception is to the exclusion of the testimony of a witness called by the defendant, who said that he was formerly employed by the plaintiff, and that, in the beginning, he had some conversation with the plaintiff’s managing agent in regard to the sale of Magnolia metal. He was asked to state the conversation, and upon objection by the plaintiff the question was excluded. There is nothing in the bill of exceptions to indicate what the conversation was, or that there was anything in it which…
2Cases cited3 opinions
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- Magnolia Metal Co. v. GaleMassachusetts Supreme Judicial Court · 1905
- Mosseau v. LandyMassachusetts Supreme Judicial Court · 1900
3Cited by4 opinions
- Raymond Syndicate, Inc. v. American Radio & Research Corp.Massachusetts Supreme Judicial Court · 1928
- Lockwood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Lane v. EpinardMassachusetts Supreme Judicial Court · 1945
- Deane v. American Glue Co.Massachusetts Supreme Judicial Court · 1909