Whitcomb v. Boston Dairy Co.
Massachusetts Supreme Judicial Court
Eight actions op contract, each by a different plaintiff, against the Boston Dairy Company, a corporation having a usual place of business in Boston, each action being on an account annexed for milk sold and delivered to the defendant. Writs in the Municipal Court of the City of Boston dated, one on March 11, 1912, and the other seven on March 27, 1912. The answer in each case was a general denial.
Read the full summary
Eight actions op contract, each by a different plaintiff, against the Boston Dairy Company, a corporation having a usual place of business in Boston, each action being on an account annexed for milk sold and delivered to the defendant. Writs in the Municipal Court of the City of Boston dated, one on March 11, 1912, and the other seven on March 27, 1912. The answer in each case was a general denial. On appeal to the Superior Court the cases were tried together, in groups according to the facts, before Lawton, J. The evidence is described in the opinion. At the close of the evidence the…
1Opinion of the CourtBraley, J.
The defendant’s exceptions to the admission of evidence and to the refusal of the presiding judge to give the third, fourth and fifth requests, not having been argued, are to be treated as waived. It ordinarily would follow that, the sale and delivery of the quantity of milk as charged in each action having been abundantly proved, the defendant in the first three cases would be bound to pay the fair market price at the place of shipment, and in the last five cases the price named in the offer of the company found in the letter of its president to the plaintiff Davis. Lowe v. Pimental, 115…
2Cases cited7 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Miller v. AmmonSupreme Court of the United States · 1892
- Massachusetts Mutual Life Insurance v. GreenMassachusetts Supreme Judicial Court · 1904
- Lowe v. PimentalMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. ViethMassachusetts Supreme Judicial Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Doherty v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1916
- Barriere v. DepatieMassachusetts Supreme Judicial Court · 1914
- Graustein v. WymanMassachusetts Supreme Judicial Court · 1924