Allin v. Whittemore
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTRACT, one for the price of horses alleged to have been sold by the plaintiff to the defendant, and the other a cross action for the board of the same horses from the time of the alleged sale and delivery to the date of the writ. The writ in the second case was dated November 25, 1896. The answer in the first case was a general denial. The cases were tried together in the Superior Court, before Braley, J., and a verdict was returned for Allin in each case.
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Two ACTIONS OF CONTRACT, one for the price of horses alleged to have been sold by the plaintiff to the defendant, and the other a cross action for the board of the same horses from the time of the alleged sale and delivery to the date of the writ. The writ in the second case was dated November 25, 1896. The answer in the first case was a general denial. The cases were tried together in the Superior Court, before Braley, J., and a verdict was returned for Allin in each case. Whittemore alleged exceptions. The material facts appear in the opinion, and in a note by the reporter.
1Opinion of the CourtHolmes, J.
These are two actions, one for the price of horses alleged to have been sold, the other a cross action for the board of the same horses, etc., from the time of the alleged sale and delivery to the date of the writ. The plaintiff Allin testified to an agreement with one Hayden, a trainer employed by the defendant Whittemore, and speaking on his behalf, by which Whittemore was to take the horses at four hundred and fifty dollars a head, subject to adjustment as to more than half of them, which were to come from the west, and had not been seen by the defendant. The plaintiff testified that this…
2Cited by5 opinions
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- Commonwealth v. GrammoMassachusetts Appeals Court · 1979
- Commonwealth v. ShagouryMassachusetts Appeals Court · 1978
- Riley v. TolmanMassachusetts Supreme Judicial Court · 1902
- Commonwealth v. ShagouryMassachusetts Appeals Court · 1978