Bristol Manufacturing Corp. v. Mills
Massachusetts Supreme Judicial Court
Contract, with two counts, the first for the price of certain cotton cloth alleged to have been sold and delivered to the defendant, and the second for an alleged breach of contract by the defendant in refusing to accept and pay for certain cotton cloth which it had agreed to buy from the plaintiff.
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Contract, with two counts, the first for the price of certain cotton cloth alleged to have been sold and delivered to the defendant, and the second for an alleged breach of contract by the defendant in refusing to accept and pay for certain cotton cloth which it had agreed to buy from the plaintiff. Writ dated October 12, 1908. In the Superior Court the case was tried before Keating, J. The plaintiff and the defendant were both manufacturing corporations, the plaintiff owning and operating a large cotton mill in New Bedford and the defendant. owning and operating a large cotton mill in Fall…
1Opinion of the CourtRugg, C. J.
This is an action of contract to recover for goods sold and delivered and for damages for breach of contract for the sale of goods. There was evidence tending to show that the plaintiff agreed, by a broker’s “sale note,” to make and deliver to the defendant fifteen hundred thousand yards of cotton cloth. The quality, weight, price, terms and rate of delivery were fixed, and the note further contained these provisions: “No marks of any kind on bales, except bale numbers. Arkwright will let you know what bale number to begin with.” The defendant gave to the plaintiff the bale number with which…
2Cases cited4 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Mitchell v. Le ClairMassachusetts Supreme Judicial Court · 1896
- Sanger v. . WaterburyNew York Court of Appeals · 1889
3Cited by11 opinions
- Morin v. ClarkMassachusetts Supreme Judicial Court · 1937
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- Atherton v. BeamanCourt of Appeals for the First Circuit · 1920
- George Boiko & Co. v. Atlantic Woolen Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
- Circuit City Stores, Inc. v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 2003
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