Brewer v. Housatonic Railroad
Massachusetts Supreme Judicial Court
Contract for the price of 192 cords of wood sold to the defendants, and drawn and delivered to them at their station in Sheffield, under a special contract.
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Contract for the price of 192 cords of wood sold to the defendants, and drawn and delivered to them at their station in Sheffield, under a special contract. At the trial in the superior court, before Putnam, J., there was no dispute as to the contract price of the wood stipulated to be delivered being five dollars per cord, and that the plaintiff had drawn 192 cords of wood to the station and delivered it there; but the defendants contended that the quality of the wood delivered was inferior to the requirement of the contract. The plaintiff contended that it was of the quality required, or,…
1Opinion of the CourtMorton, J.
Both parties agree that the defendants entered into a contract to buy a certain quantity of wood of the plaintiff at five dollars a cord, and that the plaintiff had drawn this quantity to the defendants’ depot. The defendants contended that this wood was not of the same kind or quality as the wood bargained for. The plaintiff, on the other hand, contended that the wood was of the same land and quality; and he also claimed that, if it was not, yet the defendants had accepted it as delivered under the contract. This was the only controversy between the parties.
Upon the question of acceptance,…
2Cases cited1 opinion
- Hutcheson v. BlakemanCourt of Appeals of Kentucky · 1860
3Cited by6 opinions
- Calhoun v. PauleMissouri Court of Appeals · 1887
- Norris v. SpoffordMassachusetts Supreme Judicial Court · 1879
- Arkansas Valley Bank v. EsserSupreme Court of Colorado · 1924
- Plunger Elevator Co. v. DayMassachusetts Supreme Judicial Court · 1903
- Buswell Trimmer Co. v. CaseMassachusetts Supreme Judicial Court · 1887
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