Houdlette v. Dewey
Massachusetts Supreme Judicial Court
CONTBACT to recover a balance alleged to be due for a quantity of steel beams, for the labor of cutting them and the expense of transporting them from Boston to East Everett. Writ dated November 17, 1902. In the Superior Court the case was tried before Holmes, J., without a jury. The plaintiffs’ claim was based on a proposal in writing and its acceptance as set forth in their declaration.
Read the full summary
CONTBACT to recover a balance alleged to be due for a quantity of steel beams, for the labor of cutting them and the expense of transporting them from Boston to East Everett. Writ dated November 17, 1902. In the Superior Court the case was tried before Holmes, J., without a jury. The plaintiffs’ claim was based on a proposal in writing and its acceptance as set forth in their declaration. The proposal was made by letter, and, with the acceptance indorsed thereon, was as follows: “ Boston, July 29, 1902. “Mr. Wm. C. Dewey, New York, N. Y. “ Dear Sir: “ We propose to furnish and deliver to the…
1Opinion of the CourtBraley, J.
The declaration as amended contained two counts the first declaring for the balance of an account due under the contract, the second, on an account annexed in which the balance was itemized. At the trial, the other items having been either admitted, or not seriously contested, the controversy seems finally to have been narrowed to the charge for transportation, and the exception to the refusal to rule, that under the *421contract the plaintiffs could not recover therefor, presents the only question to be decided.
The plaintiffs’ letter to the defendant, with his acceptance, constituted the…
2Cases cited5 opinions
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- Massachusetts Mutual Life Insurance v. GreenMassachusetts Supreme Judicial Court · 1904
- Nichols v. MorseMassachusetts Supreme Judicial Court · 1868
- Peck v. WatersMassachusetts Supreme Judicial Court · 1870
- National Bank v. DaytonSupreme Court of the United States · 1880
3Cited by1 opinion
- Petroleum Products Distributing Co. v. Alton Tank LineSupreme Court of Iowa · 1914