Barnes v. Loomis
Massachusetts Supreme Judicial Court
Contract upon an account annexed for the price of one hundred and ten railroad sleepers alleged to have been sold and delivered to the defendant by the plaintiff.
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Contract upon an account annexed for the price of one hundred and ten railroad sleepers alleged to have been sold and delivered to the defendant by the plaintiff. Writ in the Superior Court for the county of Hampden dated November 15, 1905. The defendant filed a declaration in set-off containing the following account: “ 1904 April 4 To cash paid Eastman & Maxwell, for cutting logs on Stowe lot, $205.26 Nov. 29 To cash paid to Smith & Hunter, for drawing logs on Stowe, 307.76 To costs and expenses incurred at the plaintiff’s request, 70.04 Total, $583.06 1901 Credits. Dec. 5 By check for labor…
1Opinion of the CourtMorton, J.
This is an action of contract to recover of the defendant the value of one hundred and ten sleepers or ties at fifty-two cents each, amounting to fifty-seven dollars and twenty cents. The answer was a general denial and payment. The defendant also filed a declaration in set-off. At the trial the defendant relied upon his plea of payment and the declaration in set-off which was upon an account annexed, the first two items of which were for cash paid for cutting and drawing logs on the “Stowe lot,” and the third for “costs and ex*581penses incurred at the plaintiff’s request.” The remaining items…
2Cited by12 opinions
- Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Commonwealth v. McIntoshMassachusetts Supreme Judicial Court · 1927
- Lenehan v. TraversMassachusetts Supreme Judicial Court · 1934
- Altavilla v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1916
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