Gould v. Stein
Massachusetts Supreme Judicial Court
Contract to recover for a breach of warranty of quality of one hundred and two bales of Ceara rubber, sold by the defendants to the plaintiffs. Trial in the Superior Court, without a jury, before Pitman, J., who allowed a bill of exceptions, which so far as material is as follows. . There was evidence tending to show the following facts.
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Contract to recover for a breach of warranty of quality of one hundred and two bales of Ceara rubber, sold by the defendants to the plaintiffs. Trial in the Superior Court, without a jury, before Pitman, J., who allowed a bill of exceptions, which so far as material is as follows. . There was evidence tending to show the following facts. The defendants, who did business under the name of Abe Stein and Company, were importers of rubber in New York; and the plaintiffs, who did business under the name of Henry A. Gould and Company, were jobbers and dealers in rubber in .Boston. The defendants…
1Opinion of the CourtC. Allen, J.
The determination of this case depends upon the construction to be given to the bought and sold notes, which were similar in their terms. It does not admit of doubt that these notes were intended to express the terms of the sale. They were carefully prepared, and were read to the parties line by line as they were written. Of course all the existing circumstances may be looked at, but the contract of the parties is to be found in what was thus written, when read in the light of those circumstances.
*574The goods respecting which the controversy has arisen were a certain lot of rubber which the…
2Cases cited4 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Forcheimer & Co. v. StewartSupreme Court of Iowa · 1885
- Whitney v. BoardmanMassachusetts Supreme Judicial Court · 1875
- Harrington v. SmithMassachusetts Supreme Judicial Court · 1884
3Cited by32 opinions
- Learned v. HamburgerMassachusetts Supreme Judicial Court · 1923
- Morse v. MooreSupreme Judicial Court of Maine · 1891
- A. & S. Henry & Co. v. TalcottNew York Court of Appeals · 1903
- Agoos Kid Co. v. Blumenthal Import Corp.Massachusetts Supreme Judicial Court · 1933
- Gascoigne v. Cary Brick Co.Massachusetts Supreme Judicial Court · 1914
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