Boston Ice Co. v. Potter
Massachusetts Supreme Judicial Court
Contract on an account annexed, for ice sold and delivered between April 1, 1874, and April 1, 1875. Answer, a general denial. At the trial in the Superior Court, before Wilkinson, J., without a jury, the plaintiff offered evidence tending to show the delivery of the ice and its acceptance and use by the defendant from April 1, 1874, to April 1, 1875, and that the price claimed in the declaration was the market price.
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Contract on an account annexed, for ice sold and delivered between April 1, 1874, and April 1, 1875. Answer, a general denial. At the trial in the Superior Court, before Wilkinson, J., without a jury, the plaintiff offered evidence tending to show the delivery of the ice and its acceptance and use by the defendant from April 1, 1874, to April 1, 1875, and that the price claimed in the declaration was the market price. It appeared that the ice was delivered and used at the defendant’s residence in Boston, and the amount left daily was regulated by the orders received there from the defendant’s…
1Opinion of the CourtEndicott, J.
To entitle the plaintiff to recover, it must show some contract with the defendant. There was no express contract, and upon the facts stated no contract is to be implied. The defendant had taken ice from the plaintiff in 1873, but, on account of some dissatisfaction with the manner of supply, he terminated his contract, and made a contract for his supply with the Citizens’ Ice Company. The plaintiff afterward delivered ice to the defendant for one year without notifying the defendant, as the presiding judge has found, that it had bought out the business of the Citizens’ Ice Company, until…
2Cases cited2 opinions
- Winchester v. HowardMassachusetts Supreme Judicial Court · 1867
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
3Cited by120 opinions
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- Merrimac Chemical Co. v. MooreMassachusetts Supreme Judicial Court · 1932
- Florance v. KresgeCourt of Appeals for the Fourth Circuit · 1938
- Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
- Woods v. AyresMichigan Supreme Court · 1878
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