Brown v. Foster
Massachusetts Supreme Judicial Court
Contract to recover the price of a suit of clothes. At the trial in the Central District Court of Worcester, the defendant contended, and there was evidence tending to show, that the clothes were to be made and delivered to the defendant in North Brookfield, on or before a specified day, and that they were to be made to the satisfaction of the defendant.
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Contract to recover the price of a suit of clothes. At the trial in the Central District Court of Worcester, the defendant contended, and there was evidence tending to show, that the clothes were to be made and delivered to the defendant in North Brookfield, on or before a specified day, and that they were to be made to the satisfaction of the defendant. It was agreed that the clothes were delivered on the evening of the day specified, which was Saturday, and that on the following Monday the defendant returned them to the plaintiff by the same person who delivered them, with written notice…
1Opinion of the CourtDevens, J.
There was evidence at the trial to show that the contract between the parties was an express contract, and by the terms of it the plaintiff agreed to make and deliver to the defendant upon a day certain a suit of clothes, which were to be made to the' satisfaction of the defendant. The clothes were made and delivered upon the day specified, but were not to the satisfaction of the defendant, who declined to accept and promptly returned the same. If the plaintiff saw fit to do work upon articles for the defendant and to furnish materials therefor, contracting that the articles when manufactured…
2Cited by93 opinions
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Zaleski v. ClarkSupreme Court of Connecticut · 1876
- Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
- Mackenzie v. MinisSupreme Court of Georgia · 1909
- Buckstaff v. RussellSupreme Court of the United States · 1894
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