Koppel v. Massachusetts Brick Co.
Massachusetts Supreme Judicial Court
' Contract for $2,728.55. Writ dated June 28, 1902. In the Superior Court the case was submitted upon an agreed statement of facts to Pierce, J., who found for the plaintiff in the sum of $200.79.- The plaintiff appealed.
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' Contract for $2,728.55. Writ dated June 28, 1902. In the Superior Court the case was submitted upon an agreed statement of facts to Pierce, J., who found for the plaintiff in the sum of $200.79.- The plaintiff appealed. The agreed statement of facts was as follows and no more: “ It is agreed that the charter of the defendant corporation was issued on March 19th, 1902; that a certificate under Revised Laws Chapter 110, Sections 43 and 44, was issued on April 12th, 1902 ; that on December 30th, 1901, the items in the bill of particulars numbered 1 to 6 inclusive were ordered by P. F. Welch…
1Opinion of the CourtKnowlton, C. J.
This is an appeal by the plaintiff from a judgment of the Superior Court upon an agreed statement of facts, for a sum less than that claimed by him in his declaration. The defendant did not appeal, but says in its brief that “ There is no error of law shown by the record.’? We therefore have no occasion to consider the last part of the account, on which the finding was for the plaintiff.
Upon a submission of an action on an agreed statement of facts, the decision is to be made upon the facts actually stated. In the absence of a stipulation that inferences may be drawn from the facts stated,…
2Cases cited6 opinions
- Abbott v. HapgoodMassachusetts Supreme Judicial Court · 1889
- Penn Match Co. v. HapgoodMassachusetts Supreme Judicial Court · 1886
- Holyoke Envelope Co. v. United States Envelope Co.Massachusetts Supreme Judicial Court · 1902
- Mayhew v. DurfeeMassachusetts Supreme Judicial Court · 1885
- Schwarz v. City of BostonMassachusetts Supreme Judicial Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rice v. PriceMassachusetts Supreme Judicial Court · 1960
- North Anson Lumber Co. v. SmithMassachusetts Supreme Judicial Court · 1911
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Framingham Savings Bank v. Joseph Szabo, TrusteeCourt of Appeals for the First Circuit · 1980
- Cheng v. Chin Wai YipMassachusetts Supreme Judicial Court · 1959
5 more not listed; retrieve them via the Exa API.