F. W. Stock & Sons v. Snell
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to purchase of the plaintiff one thousand and twenty-five barrels of flour, the defendant having accepted and paid for only four hundred and ten barrels. Writ dated May 12, 1911. In the Superior Court, the action was tried before Keating, J. Material evidence is described in the opinion.
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Contract for breach of an agreement to purchase of the plaintiff one thousand and twenty-five barrels of flour, the defendant having accepted and paid for only four hundred and ten barrels. Writ dated May 12, 1911. In the Superior Court, the action was tried before Keating, J. Material evidence is described in the opinion. At the close of the evidence, the defendant asked for the following, among other rulings: “2. That on all the evidence the plaintiff is not entitled to recover for any damages for failure of the defendant to take the third car of flour shipped to him on November 30, 1910.”…
1Opinion of the CourtDeCourcy, J.
The plaintiff is engaged in the business of milling flour in Michigan, and brought this action against the defendant, a wholesale flour dealer in Fall River, to recover damages for breach of a contract for the sale and purchase of certain flour. The contract was evidenced by a memorandum dated October 18, 1910. It called for one thousand and twenty-five barrels of Mikota Flour at $5.25 per barrel, to be shipped in instalments and paid for on arrival of the goods at Fall River with bill of lading attached. Pursuant to the terms of the contract the plaintiff forwarded to the defendant in…
2Cases cited5 opinions
- Rommel v. WingateMassachusetts Supreme Judicial Court · 1869
- F. W. Stock & Sons v. SnellMassachusetts Supreme Judicial Court · 1913
- Centennial Electric Co. v. MorseMassachusetts Supreme Judicial Court · 1917
- F. W. Stock & Sons v. SnellMassachusetts Supreme Judicial Court · 1917
- Rock Glen Salt Co. v. SegalMassachusetts Supreme Judicial Court · 1918
3Cited by2 opinions
- Clark v. Henshaw Motor Co.Massachusetts Supreme Judicial Court · 1923
- Shohfi v. RiceMassachusetts Supreme Judicial Court · 1922