Burroughs Adding Machine Co. v. Proprietors of Cemetery
Massachusetts Supreme Judicial Court
Contract upon an order in writing addressed to the plaintiff and signed by the defendant for an adding machine at the price of $275. Writ in the Municipal Court of the City of Boston, dated January 3, 1913. The declaration contained three counts, of which the plaintiff waived the first and second. The third count alleged that the plaintiff had delivered the machine in accordance with the contract and that the full contract price of $275 was due to it.
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Contract upon an order in writing addressed to the plaintiff and signed by the defendant for an adding machine at the price of $275. Writ in the Municipal Court of the City of Boston, dated January 3, 1913. The declaration contained three counts, of which the plaintiff waived the first and second. The third count alleged that the plaintiff had delivered the machine in accordance with the contract and that the full contract price of $275 was due to it. The answers contained a general denial and an allegation that the order was obtained by fraudulent representations. The case was tried before…
1Opinion of the CourtCrosby, J.
This is an action of contract to recover the price of an adding machine, bought upon a written order given by the defendant to the plaintiff. While the order was not signed by the plaintiff it may fairly be treated as an acceptance by the defendant of a previous oral offer made by the plaintiff, which transaction constituted a binding contract between the parties.
The contention of the defendant, that the order was obtained *380by reason of the fraudulent representations of the plaintiff, cannot be sustained in view of the finding of the Municipal Court that the defense of fraud was not proved.
The…
2Cited by3 opinions
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