Wilkinson v. Blount Manufacturing Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed September 6, 1895, for specific performance of a contract, and for an injunction. Hearing before' Barker, J., who entered a decree, denying the prayers for specific performance and for an injunction, and retaining the cause for the purpose of assessing damages for breach of the contract by the defendant, and of enforcing payment thereof; and both parties appealed to the full court. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
1. The first question presented in this case is whether on the facts found it can be said, as matter of law, that the defendant had, on June 26, 1895, waived the right to rescind the contract into which it had entered with the plaintiff on December 7,1889. By the terms of the contract, the plaintiff covenanted to pay for the goods furnished by the defendant within sixty days from their delivery. It was further provided, “ Upon the breach of any of the covenants herein contained by either party, the other party may terminate and rescind this contract.” On June 26,1895, the defendant gave…
2Cases cited10 opinions
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Dingley v. OlerSupreme Court of the United States · 1886
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Williams v. Dakin & BaconCourt for the Trial of Impeachments and Correction of Errors · 1839
- Bleecker v. SmithNew York Supreme Court · 1835
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3Cited by7 opinions
- G. S. Johnson Co. v. Nevada Packard Mines Co.District Court, D. Nevada · 1920
- National Contracting Co. v. Vulcanite Portland Cement Co.Massachusetts Supreme Judicial Court · 1906
- Whitehouse Restaurant, Inc. v. HoffmanMassachusetts Supreme Judicial Court · 1946
- Milona Corp. v. Piece O'Pizza of America Corp.Massachusetts Appeals Court · 1973
- Merrigan v. HallMassachusetts Supreme Judicial Court · 1900
2 more not listed; retrieve them via the Exa API.