Inter-State Grocer Co. v. George William Bentley Co.
Massachusetts Supreme Judicial Court
Contract for $1,354.97 paid by the plaintiff to the defendant for a certain number of cases of sardines alleged to have been unmerchantable, the first count of the declaration being based on an implied warranty that the sardines were merchantable, and the second count being upon an account annexed.
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Contract for $1,354.97 paid by the plaintiff to the defendant for a certain number of cases of sardines alleged to have been unmerchantable, the first count of the declaration being based on an implied warranty that the sardines were merchantable, and the second count being upon an account annexed. Writ in the Municipal Court of the City of Boston dated July 23, 1909. On appeal to the Superior Court the case was tried before Fox, J. The material facts shown by the evidence are stated in the opinion. At the close of the evidence the defendant asked the judge to make certain rulings, among…
1Opinion of the CourtRugg, C. J.
This is an action of contract to recover damages for an alleged breach of an implied condition of warranty that *230certain canned sardines purchased by the plaintiff were merchantable. The plaintiff was a wholesale grocer in Missouri. In the summer of 1907 it placed an order with brokers in Missouri for five hundred cases of “ % oil sardines and 200 cases of % mustard sardines.” The broker sent the order to the Maddocks Packing Company, a corporation engaged in the business of packing sardines in Maine. That company had an arrangement with the defendant whereby it placed sardines as fast as…
2Cases cited15 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Farrell v. Manhattan Market Co.Massachusetts Supreme Judicial Court · 1908
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
10 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- McCarthy v. Litton Industries, Inc.Massachusetts Supreme Judicial Court · 1991
- Botti v. Venice Grocery Co.Massachusetts Supreme Judicial Court · 1941
- Mead v. Coca Cola Bottling Co.Massachusetts Supreme Judicial Court · 1952
22 more not listed; retrieve them via the Exa API.