Somers v. Wright
Massachusetts Supreme Judicial Court
Contract to recover the sum of $280.90 for lumber sold and delivered by the plaintiffs to the defendant. The action had been referred to an auditor, who reported that the lumber was sold and delivered as set forth in the declaration, and that the price charged for it was a reasonable price; that the only question in issue was whether it was sold to be applied in part payment of a due-bill payable in lumber given by the plaintiffs to one Luther Farwell, or was sold to be paid…
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Contract to recover the sum of $280.90 for lumber sold and delivered by the plaintiffs to the defendant. The action had been referred to an auditor, who reported that the lumber was sold and delivered as set forth in the declaration, and that the price charged for it was a reasonable price; that the only question in issue was whether it was sold to be applied in part payment of a due-bill payable in lumber given by the plaintiffs to one Luther Farwell, or was sold to be paid for in cash, and found that it was sold to the defendant to be paid for by him in cash. The due-bill given by the…
1Opinion of the CourtGray, C. J.
This action is brought to recover the price of lumber sold and delivered by the plaintiffs to the defendant. The defendant contended that by agreement between the parties the lumber was not to be paid for by him, but was to be applied in part payment of a due-bill from the plaintiffs to Farwell.
1. Evidence of the consideration of that due-bill, if not necessary to be introduced by the defendant, cannot have prejudiced the plaintiffs. The fact that this evidence had been rejected by the auditor did not prevent the defendant from offering it anew before the jury. The introduction of the report…
2Cited by5 opinions
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- Mansfield v. GusheeSupreme Judicial Court of Maine · 1921
- Hodge v. MackintoshMassachusetts Supreme Judicial Court · 1924
- Wallace v. StoryMassachusetts Supreme Judicial Court · 1885
- Adams v. TragerMassachusetts District Court, Appellate Division · 1947