Brown v. Leach
Massachusetts Supreme Judicial Court
Contract on an account annexed for the price of 4972 spokes bargained and sold to the defendant, 2406 of them, at three and a half cents each, 2165 at five cents each, and 401 large spokes at eight cents each. The defendant denied accepting the spokes, or ever agreeing to accept them; alleged that they were of no value; and denied generally all the plaintiff’s allegations.
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Contract on an account annexed for the price of 4972 spokes bargained and sold to the defendant, 2406 of them, at three and a half cents each, 2165 at five cents each, and 401 large spokes at eight cents each. The defendant denied accepting the spokes, or ever agreeing to accept them; alleged that they were of no value; and denied generally all the plaintiff’s allegations. Trial and verdict for the plaintiff in the superior court, before Rockwell, J., who allowed." the following bill of exceptions : “ The defendant claimed, and introduced evidence tending to ' show, that the spokes delivered…
1Opinion of the CourtMorton, J.
We think that the defendant’s exceptions must be overruled.
1. The bill of exceptions does not show that the ruling rejecting the testimony of the witnesses, as to the quality of the forty or fifty spokes selected as a sample of the whole lot, was encneous. The testimony was offered for the purpose of showing that the whole lot was of inferior quality. Before a small portion of th( spokes could be used as a sample to characterize the whole lot, it must be made to appear that it was a fair sample. This is a preliminary question, to be decided by the presiding judge. And his decision cannot be…
2Cases cited2 opinions
- Mooney v. MillerMassachusetts Supreme Judicial Court · 1869
- Lake v. ClarkMassachusetts Supreme Judicial Court · 1867
3Cited by29 opinions
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Whiting v. PriceMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. Min SingMassachusetts Supreme Judicial Court · 1909
- Brockton Olympia Realty Co. v. LeeMassachusetts Supreme Judicial Court · 1929
- Holst v. StewartMassachusetts Supreme Judicial Court · 1894
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