Ritchie v. Boynton
Massachusetts Supreme Judicial Court
Contract to recover for thirty-seven and one half gallons of milk sold and delivered to the defendant at various times from October 1 to October 12, 1872. At the trial in the Superior Court, before Wilkinson, J., it was admitted that the plaintiff was entitled to recover, unless she was prevented by the fact that the measures (which were the defendant’s own milk cans) used by her for the sale of the milk had never been adjusted, sealed or recorded by the sealer of weights…
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Contract to recover for thirty-seven and one half gallons of milk sold and delivered to the defendant at various times from October 1 to October 12, 1872. At the trial in the Superior Court, before Wilkinson, J., it was admitted that the plaintiff was entitled to recover, unless she was prevented by the fact that the measures (which were the defendant’s own milk cans) used by her for the sale of the milk had never been adjusted, sealed or recorded by the sealer of weights and measures in the town in which the plaintiff and the defendant both resided and had their usual place of business, and…
1Opinion of the CourtEndicott, J.
By St. 1867, c. 204, all acts requiring milk cans to be sealed were repealed. The acts thus repealed not only required cans to be sealed, but attached penalties to the violation of such requirement. Gen. Sts. c. 49, §§ 150, 151. Sts. 1863, c. 140, § 1; 1864, c. 122, §§ 2-4. There was then no act requiring sealing of milk cans until the St. 1870, c. 218, which differs materially in its provisions from the statutes repealed by St. 1867, c. 204. The first section provides that all persons using scales, weights, measures or milk cans, for the sale of commodities, shall have them sealed by the…
2Cases cited1 opinion
- Smith v. ArnoldMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Marcus v. Bernstein, Cohen & Co.Supreme Court of North Carolina · 1895
- Welch v. . CheekSupreme Court of North Carolina · 1899
- Singer Sewing Machine Co. v. DyerCourt of Appeals of Kentucky · 1913
- Marchbanks v. YoungNew Mexico Supreme Court · 1943