Aldrich v. Bay State Construction Co.
Massachusetts Supreme Judicial Court
Contract for the price of street railway ties sold and delivered to the defendant. Writ in the District Court of Franklin dated April 20, 1904. On appeal to the Superior Court the case was tried before Fox, J., who ruled and refused to rule as stated in the opinion. The jury returned a verdict for the plaintiffs in the sum of $458.73; and the defendant alleged exceptions.
1Opinion of the CourtBarker, J.
The plaintiffs having street railway ties for sale were called upon by the defendant’s purchasing agent who offered them a price less than they asked and also offered to pay in stock of either of two railway companies. The defendant admits that the offer of payment in stock was an offer to allow the plaintiffs the choice as to the company whose stock they should take. At the interview no bargain was made, the purchasing agent going away to ascertain whether the defendant would pay the price asked, and the partner who had acted for the plaintiffs to ascertain whether they would take pay in…
2Cases cited2 opinions
- Bascom v. SmithMassachusetts Supreme Judicial Court · 1895
- Farnsworth v. BoardmanMassachusetts Supreme Judicial Court · 1881
3Cited by24 opinions
- Rci Northeast Services Division v. Boston Edison CompanyCourt of Appeals for the First Circuit · 1987
- Merrimack Valley National Bank v. BairdMassachusetts Supreme Judicial Court · 1977
- Federal Deposit Insurance Corporation v. Pritam SinghCourt of Appeals for the First Circuit · 1992
- Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
- Koshland v. Columbia InsuranceMassachusetts Supreme Judicial Court · 1921
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