Fox v. Harding
Massachusetts Supreme Judicial Court
This was an action of assumpsit to recover damages for the breach of a written contract, set out in the first count of the declaration, in which the plaintiffs alleged, that the defendants agreed to furnish the plaintiffs with stock for the manufacture of twenty fifteen feet engine lathes, the castings and forgings for seven lathes in three weeks, and for the remaining thirteen within ninety days afterwards; and also promised that the planing of the ways should be done…
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This was an action of assumpsit to recover damages for the breach of a written contract, set out in the first count of the declaration, in which the plaintiffs alleged, that the defendants agreed to furnish the plaintiffs with stock for the manufacture of twenty fifteen feet engine lathes, the castings and forgings for seven lathes in three weeks, and for the remaining thirteen within ninety days afterwards; and also promised that the planing of the ways should be done within ten months from the date of the agreement, if wanted ; and promised to pay the plaintiffs for finishing the said…
1Opinion of the CourtBigelow, J.
Two questions are presented by the bill of exceptions in this case. The first arises on the refusal of the court to instruct the jury, that they were bound to presume a waiver by the plaintiffs of all right to recover damages for a breach of the contract declared on. We think that the judge was right in this refusal, and that the question of waiver was properly submitted to the jury on the evidence, as a question of fact, for their determination. Indeed, it may be laid down as a general rule, that the question, whether the evidence in any case establishes a waiver of any legal right by a…
2Cases cited1 opinion
- Union Bank of Georgetown v. MagruderSupreme Court of the United States · 1833
3Cited by7 opinions
- Clyde Coal Co. v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1910
- O'Shea v. North American Hotel Co.Nebraska Supreme Court · 1922
- J. F. O'Connor & Co. v. Smith & GethingTexas Supreme Court · 1892
- California Federal Bank v. United StatesUnited States Court of Federal Claims · 2002
- Theis v. Spokane Falls Gas Light Co.Washington Supreme Court · 1908
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