Pike v. Fay
Massachusetts Supreme Judicial Court
Contract for breach oí a written agreement to receive willow cuttings and pay for them. The agreement was as follows “ Natick, Oct. 27, 1864. Mr. E. S. Pike. Please send me enough of white willow cuttings from eight to ten inches long) planted about six and one half inches apart, for \ mile of fence, being five thousand cuttings, for which I promise to pay you or bearer forty dollars on their delivery at Natick during the spring of 1865. G. P. Fay.”
Read the full summary
Contract for breach oí a written agreement to receive willow cuttings and pay for them. The agreement was as follows “ Natick, Oct. 27, 1864. Mr. E. S. Pike. Please send me enough of white willow cuttings from eight to ten inches long) planted about six and one half inches apart, for \ mile of fence, being five thousand cuttings, for which I promise to pay you or bearer forty dollars on their delivery at Natick during the spring of 1865. G. P. Fay.” The answer denied the delivery, and alleged that the cuttings were not such as the plaintiff had agreed to send; that the agreement to purchase…
1Opinion of the CourtWells, J.
We think the evidence offered by the defendant was properly admitted.
If the sale was made by sample, the description of the sample was competent upon the question whether the article tendered corresponded with that offered for sale. Hogins v. Plymp*137ton, 11 Pick. 97. So also the descriptions given verbally by the defendant’s agent, and the corresponding descriptions of the article delivered, were competent upon the question whether they were the same article. Stoops v. Smith, 100 Mass. 63. But such evidence must be confined to the question of identity in kind, and not extended to comparisons in…
2Cases cited1 opinion
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
3Cited by20 opinions
- Deming v. DarlingMassachusetts Supreme Judicial Court · 1889
- Gurney v. TenneyMassachusetts Supreme Judicial Court · 1908
- Burns v. DockrayMassachusetts Supreme Judicial Court · 1892
- Poland v. BrownellMassachusetts Supreme Judicial Court · 1881
- Smith v. Vose & Sons Piano Co.Massachusetts Supreme Judicial Court · 1907
15 more not listed; retrieve them via the Exa API.