Alden v. Hart
Massachusetts Supreme Judicial Court
Contract, to recover the value of a cargo of coal. Writ dated September 6, 1892. Trial in this court, without a jury, before Barker, J., who found for the defendants, and, at the request of the plaintiffs, reported the case for the consideration of the full court, in substance as follows.
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Contract, to recover the value of a cargo of coal. Writ dated September 6, 1892. Trial in this court, without a jury, before Barker, J., who found for the defendants, and, at the request of the plaintiffs, reported the case for the consideration of the full court, in substance as follows. On June 29,1892, in a conversation by telephone, the plaintiffs and defendants made an oral bargain for the sale and purchase of a cargo of Barton coal, and on the same day the plaintiffs wrote the defendants a letter, in which, after recapitulating the conversation, they said, “ We also told you that we…
1Opinion of the CourtField, C. J.
There was an implied warranty that the coal should be merchantable. Murchie v. Cornell, 155 Mass. 60. The report recites that the court, trying the case without a jury, found as a fact that the coal was not merchantable, and ruled, against the plaintiffs’ objection, that the defendants had the right to reject the coal on its arrival at New Bedford. We think that this ruling was right. Pope v. Allis, 115 U. S. 363. Cleveland Rolling Mill v. Rhodes, 121 U. S. 255, 261. Bryant v. Isburgh, 13 Gray, 607. Wiley v. Athol, 150 Mass. 426, 434. Smith v. Hale, 158 Mass. 178. Grimoldby v. Wells, L. R. 10…
2Cases cited11 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- Wiley v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1890
- Murchie v. CornellMassachusetts Supreme Judicial Court · 1891
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3Cited by19 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Inter-State Grocer Co. v. George William Bentley Co.Massachusetts Supreme Judicial Court · 1913
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- Putnam v. BolsterMassachusetts Supreme Judicial Court · 1914
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