Munsey v. Butterfield
Massachusetts Supreme Judicial Court
Contract for breach of an agreement in writing, dated February 24, 1880, by the terms of which the plaintiff agreed to sell for $2000, and the defendant agreed to purchase, certain articles of personal property used in the milk business, “ also the good will of said Munsey’s milk route lying in West Somerville, East Somerville, North Somerville and Charlestown,” possession to be delivered on April 1, 1880. At the trial in the Superior Court, before Wilkinson, J., the…
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Contract for breach of an agreement in writing, dated February 24, 1880, by the terms of which the plaintiff agreed to sell for $2000, and the defendant agreed to purchase, certain articles of personal property used in the milk business, “ also the good will of said Munsey’s milk route lying in West Somerville, East Somerville, North Somerville and Charlestown,” possession to be delivered on April 1, 1880. At the trial in the Superior Court, before Wilkinson, J., the plaintiff introduced evidence tending to prove the execution and delivery of the contract by the parties; and that, on April 1,…
1Opinion of the CourtW. Allen, J.
By the agreement between the parties, made on February 24, 1880, the defendant agreed to accept and pay for certain personal property, to be delivered to him by the plaintiff on the first day of the next April. This action is brought to recover damages for the refusal of the defendant to accept the property. To maintain it, the plaintiff must prove that he offered, or was ready, to deliver the property. A material part of the property to be delivered was, as stated in the agreement, “ The good will of said Munsey’s milk route lying in West Somerville, East Somerville, North Somerville and…
2Cases cited1 opinion
- Dwight v. HamiltonMassachusetts Supreme Judicial Court · 1873
3Cited by15 opinions
- Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
- Old Corner Book Store v. UphamMassachusetts Supreme Judicial Court · 1907
- Marshall Engine Co. v. New Marshall Engine Co.Massachusetts Supreme Judicial Court · 1909
- Brown v. BenzingerCourt of Appeals of Maryland · 1912
- Slate Co. v. BikashMassachusetts Supreme Judicial Court · 1961
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