Brauer v. Shaw
Massachusetts Supreme Judicial Court
'Two ACTIONS OF contract, for the alleged breach of two contracts. The cases were tried together in the Superior Court, before Lilley, J., who ruled, as requested by the defendants, that the plaintiffs were not entitled to recover in either action, and directed the jury to return a verdict for the defendants in each case; and the plaintiffs alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
These are two actions of contract, on alleged contracts letting all the cattle carrying space on the Warren line of steamships for the May sailings from Boston to Liverpool, the first contract at the rate of fifty shillings a head, the second and alternative one at fifty-two shillings and sixpence. As we are all of opinion that, for one reason or another, the *199right to recover upon the first contract is not made out, it may be stated shortly. On April 15, 1892, after earlier correspondence, the defendants wrote stating terms, saying that they had telegraphed that they “ would probably accept…
2Cases cited5 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- O'Donnell v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1888
- Patrick v. BowmanSupreme Court of the United States · 1893
- Kempner v. CohnSupreme Court of Arkansas · 1886
- Wheat v. CrossCourt of Appeals of Maryland · 1869
3Cited by19 opinions
- Kutsche v. FordMichigan Supreme Court · 1923
- Timmins v. F. N. Joslin Co.Massachusetts Supreme Judicial Court · 1939
- Stone v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Commonwealth Mutual Fire Insurance v. William Knabe & Co. Manufacturing Co.Massachusetts Supreme Judicial Court · 1898
- Chelsea Industries, Inc. v. Accuray Leasing CorporationCourt of Appeals for the First Circuit · 1983
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