West v. Platt
Massachusetts Supreme Judicial Court
Contract. After the decision reported 120 Mass. 421, the Superior Court ordered the statement of facts, on which the case was argued before this court, to be discharged, and the case to stand for trial. See 124 Mass. 353. The case was then tried; the jury returned a verdict for the plaintiff; and the defendants alleged exceptions, the substance of which, and of the pleadings, excepting the fourth count, sufficiently appears in the opinion.
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Contract. After the decision reported 120 Mass. 421, the Superior Court ordered the statement of facts, on which the case was argued before this court, to be discharged, and the case to stand for trial. See 124 Mass. 353. The case was then tried; the jury returned a verdict for the plaintiff; and the defendants alleged exceptions, the substance of which, and of the pleadings, excepting the fourth count, sufficiently appears in the opinion. The fourth count set forth a contract between the parties for the sale and delivery of-glass in the terms and upon the considerations set forth in certain…
1Opinion of the CourtColt, J.
This action is to recover damages for a failure to perform a written contract for the delivery of glass within a time named, or within a reasonable time; and also to recover for money paid on account of the same. The written contract was contained in the correspondence of the parties.
1. The declaration contained seven counts, and demurrers were filed to the second and fourth. The second count alleges in substance a promise to keep and deliver the glass within a reasonable time, in consideration of the purchase by the plain *370tiff, and Ms promise to pay $1500 on account within a reasonable time;…
2Cases cited8 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Carpenter v. HolcombMassachusetts Supreme Judicial Court · 1870
- Hooker v. HubbardMassachusetts Supreme Judicial Court · 1869
- Upton v. Sturbridge Cotton MillsMassachusetts Supreme Judicial Court · 1873
- Lamson & Goodnow Manufacturing Co. v. RussellMassachusetts Supreme Judicial Court · 1873
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3Cited by50 opinions
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- Bartlett v. StanchfieldMassachusetts Supreme Judicial Court · 1889
- Lowe v. HarwoodMassachusetts Supreme Judicial Court · 1885
- Kelly v. Citizens Finance Co. of Lowell, Inc.Massachusetts Supreme Judicial Court · 1940
- Kuzmeskus v. Pickup Motor Co. Inc.Massachusetts Supreme Judicial Court · 1953
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