Cunningham v. Parks
Massachusetts Supreme Judicial Court
Contract for the price of a steam boiler. Answer, that"the plaintiff warranted the boiler to be of strength, quality and style sufficient to run machinery for one year under a steam pressure of one hundred and fifty pounds to the square inch without failing in any particular; but that it proved to be unsound and imperfect, and incapable of so running machinery; and that thereupon the defendant requested the plaintiff to remove the boiler from the defendant’s premises, which…
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Contract for the price of a steam boiler. Answer, that"the plaintiff warranted the boiler to be of strength, quality and style sufficient to run machinery for one year under a steam pressure of one hundred and fifty pounds to the square inch without failing in any particular; but that it proved to be unsound and imperfect, and incapable of so running machinery; and that thereupon the defendant requested the plaintiff to remove the boiler from the defendant’s premises, which he refused to do; whereby the defendant was put to great expense and damage. At the trial in the superior court, before…
1Opinion of the CourtBigelow, C. J.
These exceptions are clearly groundless.
1. The evidence objected to was admissible. It is not true that the conversation in the morning at the plaintiff’s manufac*175tory was irrelevant or immaterial. It was a part of the negotiation which led to the purchase of the boiler. It appears that the interview between the parties in the morning was not broken off, but only postponed to be renewed in the evening, so that in effect the conversation to which the defendant testified as having taken place at the hotel was only a continuation of the one on the same subject which began in the morning at the…
2Cited by9 opinions
- Ward v. WhiteSupreme Court of Virginia · 1889
- Thayer v. BurchardMassachusetts Supreme Judicial Court · 1868
- Oak Island Hotel Co. v. Oak Island Grove Co.Massachusetts Supreme Judicial Court · 1896
- Levi v. RubinMassachusetts Supreme Judicial Court · 1922
- Parker v. GriffithMassachusetts Supreme Judicial Court · 1898
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