Cumberland Glass Manufacturing Co. v. Wheaton
Massachusetts Supreme Judicial Court
Contract, in three counts, on an alleged guaranty by the defendants of the performance by the Yo-Yo Company, a corporation, of a contract by that company to buy, and of the plaintiff to manufacture and sell, two thousand gross of bottles of a peculiar and special shape and character and specially lettered and marked, the three counts of the declaration being described below.
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Contract, in three counts, on an alleged guaranty by the defendants of the performance by the Yo-Yo Company, a corporation, of a contract by that company to buy, and of the plaintiff to manufacture and sell, two thousand gross of bottles of a peculiar and special shape and character and specially lettered and marked, the three counts of the declaration being described below. Writ in the Municipal Court of the City of Boston dated August 7, 1908. The contract sued upon was as follows: “Memorandum of sale executed in duplicate, July 18, 1907. “The Cumberland Glass Manufacturing Company agree to…
1Opinion of the CourtBraley, J.
The defendants having offered no evidence at the trial and having conceded at the argument that the testimony introduced by the plaintiff should be treated as conclusive proof of the facts, the verdict ordered and returned for the plaintiff must stand unless the rulings of law were erroneous.
The action is brought to recover from the contesting defendants as guarantors, a debt due to the plaintiff for glass bottles sold to their principal, the Yo-Yo Company, hereinafter referred to as the company, and for damages arising from a breach of the contract by the purchaser. Before the contract of…
2Cases cited22 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Davis Sewing MacHine Co. v. RichardsSupreme Court of the United States · 1885
- Wills v. RossIndiana Supreme Court · 1881
- Fillebrown v. HaywardMassachusetts Supreme Judicial Court · 1906
- Bishop v. EatonMassachusetts Supreme Judicial Court · 1894
17 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Bianchi Bros. v. GendronMassachusetts Supreme Judicial Court · 1935
- Town of Saugus v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
- Albiani v. Evening Traveler Co.Massachusetts Supreme Judicial Court · 1914
- Charlestown Five Cents Savings Bank v. ZeffMassachusetts Supreme Judicial Court · 1931
24 more not listed; retrieve them via the Exa API.