Rodman v. Guilford
Massachusetts Supreme Judicial Court
Contract upon this account annexed: “ Messrs. Guilford & Whitney, to Rodman & Hepburn, Dr. To one log Rio rosewood, cut into 2f and 3| inch squares, 562 lbs. at 10c. $56.20.” The defendants filed this answer: “ They deny each and every of the plaintiffs’ allegations in his declaration made. They deny that the plaintiffs ever sold and delivered or bargained and sold to the defendant one log of Rio rosewood. They deny that they ever had any rosewood of the plaintiffs.”
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Contract upon this account annexed: “ Messrs. Guilford & Whitney, to Rodman & Hepburn, Dr. To one log Rio rosewood, cut into 2f and 3| inch squares, 562 lbs. at 10c. $56.20.” The defendants filed this answer: “ They deny each and every of the plaintiffs’ allegations in his declaration made. They deny that the plaintiffs ever sold and delivered or bargained and sold to the defendant one log of Rio rosewood. They deny that they ever had any rosewood of the plaintiffs.” At the trial in the Superior Court, before Brigham, C. J., the plaintiffs, to prove their case, introduced a deposition tending…
1Opinion of the CourtEndicott, J.
1. The evidence offered by the defendants, to which the plaintiffs except, was competent. The declaration alleged that the defendants owed the plaintiffs for one log of rosewood cut into squares, at a certain price per pound, and evidence was offered of the contract. The defendants were allowed to prove a different contract; that they bargained for the delivery of perfect squares only; and that instead of receiving the number of pounds of squares alleged, they received a less number, and of these only 176 pounds were according to the contract. This evidence, if believed, fairly meets and…
2Cases cited2 opinions
- Nichols v. MorseMassachusetts Supreme Judicial Court · 1868
- Brewer v. Housatonic RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by20 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
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- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Learned v. HamburgerMassachusetts Supreme Judicial Court · 1923
- West End Manufacturing Co. v. P. R. Warren Co.Massachusetts Supreme Judicial Court · 1908
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