Whittaker Chain Tread Co. v. Standard Auto Supply Co.
Massachusetts Supreme Judicial Court
Contract upon an -account annexed for the price of certain chain treads for automobiles. Writ in the Municipal Court of the City of Boston, dated April 13, 1912. On appeal to the Superior Court, the case was heard by Irwin, J., without a jury. It appeared that there was. a dispute between the parties as to whether the defendant should have been credited with certain chains returned by him to the plaintiff.
Read the full summary
Contract upon an -account annexed for the price of certain chain treads for automobiles. Writ in the Municipal Court of the City of Boston, dated April 13, 1912. On appeal to the Superior Court, the case was heard by Irwin, J., without a jury. It appeared that there was. a dispute between the parties as to whether the defendant should have been credited with certain chains returned by him to the plaintiff. The judge found that he should riot have been so credited, and that the plaintiff was entitled to recover $50.02 and interest unless its claim had been extinguished by the fact that the…
1Opinion of the CourtLoring, J.
The plaintiff sold and delivered to the defendant goods to the amount of $80.03. The defendant undertook to return a part of the goods sold, of the value of $50.02. The plaintiff disputed its right to do so and refused to receive the goods from the teamster through whom the defendant undertook to make the return. While matters were in this condition the defendant sent the plaintiff a check for $30.01, which was admittedly due and which the defendant stated was in full settlement of the account. The plaintiff cashed the check and on the following day notified the defendant that it had done so,…
2Cases cited29 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
- Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
- Ostrander v. ScottIllinois Supreme Court · 1896
- Tanner v. MerrillMichigan Supreme Court · 1895
24 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Rosenblatt v. Holstein Rubber Co.Massachusetts Supreme Judicial Court · 1933
- Russell v. Bond & Goodwin Inc.Massachusetts Supreme Judicial Court · 1931
- Sawyer v. Somers Lumber Co.Montana Supreme Court · 1929
- Champlin v. JacksonMassachusetts Supreme Judicial Court · 1943
- Shaw v. Victoria Coach Line, Inc.Massachusetts Supreme Judicial Court · 1943
35 more not listed; retrieve them via the Exa API.