Hobbs v. Columbia Falls Brick Co.
Massachusetts Supreme Judicial Court
Contract. The writ was dated October 16, 1890. The declaration alleged that on December 8, 1889, the plaintiffs entered into a written contract with the defendant, whereby the plaintiff’s agreed to purchase and the defendant to sell a certain quantity of brick at a certain price, to be delivered on or before June 15, 1890; that the plaintiffs had been always ready to discharge their part of the contract, but the defendant had refused to perform its part-thereof.
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Contract. The writ was dated October 16, 1890. The declaration alleged that on December 8, 1889, the plaintiffs entered into a written contract with the defendant, whereby the plaintiff’s agreed to purchase and the defendant to sell a certain quantity of brick at a certain price, to be delivered on or before June 15, 1890; that the plaintiffs had been always ready to discharge their part of the contract, but the defendant had refused to perform its part-thereof. The answer was a general denial, with allegations of fraud. At the trial in the Superior Court, before Barker, J., the following…
1Opinion of the CourtMorton, J.
We think that, upon the facts which were agreed, and upon those which appeared in evidence from the testimony of its president and treasurer, the defendant was entitled to go to the jury on the question whether there had been an abandonment of the contract by the plaintiffs and their assignees, which was assented to by the defendant. The court ruled generally, upon the evidence thus disclosed, that it would not constitute a defence. If, therefore, the defendant can avail of it in any aspect as a defence, it is entitled to a new trial.
As the case was left, it appeared that after the contract…
2Cited by14 opinions
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