Brownville Maine Slate Co. v. Hill
Massachusetts Supreme Judicial Court
Contract, to recover the price of 155 squares of slate. The declaration contained two counts : the first on an account annexed, for goods sold and delivered by the plaintiff to the defendants, and the second, a special count, as follows: “ The plaintiff says that on or about June 7, 1897, one G. J. Williams ordered of the plaintiff one hundred and fifty-five (155) squares of 16 x 12 No. 1 Brownville slate, not drilled, for roofing a church at Beverly in Massachusetts, at the…
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Contract, to recover the price of 155 squares of slate. The declaration contained two counts : the first on an account annexed, for goods sold and delivered by the plaintiff to the defendants, and the second, a special count, as follows: “ The plaintiff says that on or about June 7, 1897, one G. J. Williams ordered of the plaintiff one hundred and fifty-five (155) squares of 16 x 12 No. 1 Brownville slate, not drilled, for roofing a church at Beverly in Massachusetts, at the price of five dollars and eighty-two cents ($5.82) per square, amounting in all to nine hundred and two dollars and ten…
1Opinion of the CourtLathrop, J.
The only question presented in this case is whether the judge should have given the ruling requested by *534the defendants that the evidence did not support the plaintiff’s declaration; and that upon the whole evidence the plaintiff was not entitled to recover.
We are of opinion that this ruling could not properly have been given, and that the case was rightly submitted to the jury. There was evidence from which the jury might have found the following facts. The plaintiff had its office in Worcester, in this State, and its quarry in Brownville, Maine, and an agent in Boston, one Spiers. The…
2Cases cited7 opinions
- Hirschorn v. CanneyMassachusetts Supreme Judicial Court · 1867
- Adams v. O'ConnorMassachusetts Supreme Judicial Court · 1868
- Armour v. PeckerMassachusetts Supreme Judicial Court · 1877
- Heywood v. StilesMassachusetts Supreme Judicial Court · 1878
- Salomon v. HathawayMassachusetts Supreme Judicial Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Follins v. DillMassachusetts Supreme Judicial Court · 1918
- Silsby v. Boston and Albany RailroadMassachusetts Supreme Judicial Court · 1900