Wagman v. Ziskind
Massachusetts Supreme Judicial Court
Contract upon an agreement in writing for a sale by the plaintiffs to the defendant of scrap metal. Writ dated August 30,1917. In the Superior Court the action was tried before Lawton, J. Material evidence is described in the opinion. There was a verdict for the plaintiffs in the sum of $343.50; and the defendant alleged exceptions.
1Opinion of the CourtJenney, J.
A contract was made on or about June 1, 1917, for the sale by the plaintiffs to the defendant of the “scrap metal” then in the plaintiffs’ yard in Newburyport at “a flat rate of $1.10 cwt. F. O. B. the yard, metal to be loaded by the defendant.” In July differences arose, the defendant claiming that the plaintiffs had included in their shipment iron not in their yard when the contract was made and refusing for that reason to accept further deliveries. There was evidence that the plaintiffs then shipped the iron in controversy by freight to the defendant at Lowell; and it further appeared in…
2Cases cited3 opinions
- Everson v. Casualty Co. of AmericaMassachusetts Supreme Judicial Court · 1911
- Kumin v. FineMassachusetts Supreme Judicial Court · 1918
- Sargent v. LordMassachusetts Supreme Judicial Court · 1919
3Cited by14 opinions
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- Zucco v. KaneMassachusetts Supreme Judicial Court · 2003
- Gompers v. FinnellMassachusetts Appeals Court · 1993
- Curtis v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1921
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