Knitted Mattress Co. v. Griggs
Massachusetts Supreme Judicial Court
Contract, for the price of goods sold and delivered by the plaintiff to the defendant. The answer contained a general denial, and alleged, in addition, that by an agreement in writing between the parties the defendants were to be selling agents for the plaintiff for certain goods manufactured by it, and at prices fixed by it, and were “ to have the privilege of purchasing goods on their own account at net prices less their commission of the above mentioned line of goods,”…
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Contract, for the price of goods sold and delivered by the plaintiff to the defendant. The answer contained a general denial, and alleged, in addition, that by an agreement in writing between the parties the defendants were to be selling agents for the plaintiff for certain goods manufactured by it, and at prices fixed by it, and were “ to have the privilege of purchasing goods on their own account at net prices less their commission of the above mentioned line of goods,” and the plaintiff was to pay the defendants commissions monthly on such purchases and sales; that the plaintiff broke this…
1Opinion of the CourtW. Allen, J.
The contracts of sale upon which the plaintiff declares are distinct from the contracts set up in the answer of the defendants. The answer alleges no breach of any contract on which the plaintiff sues, and no right of the defendants to damages on account of such contracts. The provision in the *7contract set up in the answer, that the defendants are “to have the privilege of purchasing goods on their own account at net prices less their commission of the above mentioned line of goods,” does not make sales subsequently made by the plaintiff to the defendants part of the contract, so that the…
2Cases cited2 opinions
- Carey v. GuillowMassachusetts Supreme Judicial Court · 1870
- Brighton Five Cents Savings Bank v. SawyerMassachusetts Supreme Judicial Court · 1882
3Cited by8 opinions
- Poorvu v. WeisbergMassachusetts Supreme Judicial Court · 1934
- Barnett v. LoudMassachusetts Supreme Judicial Court · 1917
- Western Newspaper Union v. DittemoreMassachusetts Supreme Judicial Court · 1928
- Isenburger v. Hotel Reynolds Co.Massachusetts Supreme Judicial Court · 1901
- Marden-Wild Corp. v. DamonMassachusetts Supreme Judicial Court · 1930
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