American Steam Gauge & Valve Manufacturing Co. v. Mechanics Iron Foundry Co.
Massachusetts Supreme Judicial Court
Contract for $343.96 on an account annexed, containing three items, to recover the price paid by the plaintiff for certain defective iron castings sold by- the defendant to the plaintiff which the plaintiff claimed the right to return, the items being dated respectively December 12, 1907, June 30, 1908, and October 29, •1908. Writ in the Municipal Court of the City of Boston dated •June 9, 1910. On appeal to the Superior Court the case was tried before Fox, J. The facts…
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Contract for $343.96 on an account annexed, containing three items, to recover the price paid by the plaintiff for certain defective iron castings sold by- the defendant to the plaintiff which the plaintiff claimed the right to return, the items being dated respectively December 12, 1907, June 30, 1908, and October 29, •1908. Writ in the Municipal Court of the City of Boston dated •June 9, 1910. On appeal to the Superior Court the case was tried before Fox, J. The facts which could have been found upon the evidence are stated in the opinion. At the close of the evidence the defendant asked…
1Opinion of the CourtRugg, C. J.
This is an action of contract by which the plaintiff seeks to recover the price it had paid to the defendant for defective castings. There was evidence tending to show that the defendant for a considerable time had made castings for the plaintiff, which it was necessary to “machine” in order to determine whether they contained defects, and that, as the demand for the *301goods in which the plaintiff used these castings was fluctuating, they were not tested until needed in the process of manufacture, and when a load of imperfect ones had accumulated, the defendant removed them and their price was…
2Cases cited1 opinion
- Williams v. PowellMassachusetts Supreme Judicial Court · 1869
3Cited by16 opinions
- Schnitzer v. LangNew York Court of Appeals · 1924
- Hazelton v. First National Stores, Inc.Supreme Court of New Hampshire · 1937
- Adams-Mitchell Co. v. Cambridge Distributing Co., LimitedCourt of Appeals for the Second Circuit · 1951
- Lincoln v. CrollMassachusetts Supreme Judicial Court · 1924
- Palumbo v. Olympia Theatres, Inc.Massachusetts Supreme Judicial Court · 1931
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