Montgomery Ward & Co. v. Johnson
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on November 18, 1910, by a corporation engaged in the business of purchasing from manufacturers and selling to consumers all kinds of merchandise on mail orders upon the terms named in its catalogues, against an individual doing business under the name of Iver Johnson’s Arms and Cycle Works and manufacturing and selling firearms, revolvers, guns and other articles used by sportsmen, setting forth, as described in the…
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Bill in equity, filed in the Supreme Judicial Court on November 18, 1910, by a corporation engaged in the business of purchasing from manufacturers and selling to consumers all kinds of merchandise on mail orders upon the terms named in its catalogues, against an individual doing business under the name of Iver Johnson’s Arms and Cycle Works and manufacturing and selling firearms, revolvers, guns and other articles used by sportsmen, setting forth, as described in the opinion, an alleged contract made by an acceptance by the plaintiff of an alleged offer of the defendant to sell to the…
1Opinion of the CourtBraley, J.
The essential allegations of the bill are admitted by the demurrer, but if they fail to show a binding contract between the parties, the bill cannot be maintained for specific performance or injunctive relief. The defendant manufactured and sold firearms of certain types, which had acquired in the market a recognized reputation for their quality and style of workmanship. In the management of the business sales were made only to jobbers, who were to resell to their customers at a uniform price. But, having received complaints that the scale of prices in some instances had not been followed,…
2Cases cited4 opinions
- Edge Moor Bridge Works v. County of BristolMassachusetts Supreme Judicial Court · 1898
- Moulton v. KershawWisconsin Supreme Court · 1884
- Ashcroft v. ButterworthMassachusetts Supreme Judicial Court · 1884
- Lincoln v. Erie Preserving Co.Massachusetts Supreme Judicial Court · 1882
3Cited by19 opinions
- Steinberg v. Chicago Medical SchoolIllinois Supreme Court · 1977
- Kuzmeskus v. Pickup Motor Co. Inc.Massachusetts Supreme Judicial Court · 1953
- I & R Mechanical, Inc. v. Hazelton Manufacturing Co.Massachusetts Appeals Court · 2004
- Lefkowitz v. Great Minneapolis Surplus Store, Inc.Supreme Court of Minnesota · 1957
- Cronin v. National Shawmut BankMassachusetts Supreme Judicial Court · 1940
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