Murchie v. Cornell
Massachusetts Supreme Judicial Court
Contract, for a cargo of ice sold by the plaintiffs to the defendants. At the trial in the Superior Court, before Dunbar, J., there was evidence that Pardon Cornell, as representing a firm composed of the other defendant and himself which dealt in ice, went to Calais, Maine, and had several conversations with William A. Murchie, one of the plaintiffs, who formed a firm also dealing in ice, in relation to the purchase of a cargo of ice.
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Contract, for a cargo of ice sold by the plaintiffs to the defendants. At the trial in the Superior Court, before Dunbar, J., there was evidence that Pardon Cornell, as representing a firm composed of the other defendant and himself which dealt in ice, went to Calais, Maine, and had several conversations with William A. Murchie, one of the plaintiffs, who formed a firm also dealing in ice, in relation to the purchase of a cargo of ice. The plaintiffs’ evidence tended to show that the ice which the ' plaintiffs were proposing to sell to the defendants was in Pembroke, a town upon the coast of…
1Opinion of the CourtHolmes, J.
1. The plaintiffs agreed to sell, and the defendants agreed to buy, a cargo of ice of three hundred and sixty tons, to be shipped from Pembroke, Maine. From some of the evidence it would seem that the ice was not identified by the contract, but was to be supplied and appropriated to the contract by the plaintiffs, the sellers. From other parts of the testimony it might be inferred that the ice was identified by the contract, but at a time and under circumstances when the defendants had no opportunity to inspect it before shipment. The judge instructed the jury generally that there was an…
2Cases cited9 opinions
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
- Babcock v. TriceIllinois Supreme Court · 1857
- Hight v. BaconMassachusetts Supreme Judicial Court · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Farrell v. Manhattan Market Co.Massachusetts Supreme Judicial Court · 1908
- Nock v. Coca Cola Bot. Wks. Pgh.Superior Court of Pennsylvania · 1931
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