West v. Platt
Massachusetts Supreme Judicial Court
The bibst case was an action of contract for the recovery of damages for breach of a contract for the sale and delivery of a quantity of plate glass, with a count for money paid.
Read the full summary
The bibst case was an action of contract for the recovery of damages for breach of a contract for the sale and delivery of a quantity of plate glass, with a count for money paid. At January term 1876 of the Superior Court, the case was submitted for judgment on an agreed statement of facts, by which, if the court should be of opinion, upon the case submitted, that the defendants had committed the breach of contract alleged, judgment was to be entered for the plaintiff for $2830.24 and interest, and otherwise judgment to be entered for the plaintiff for $410 and interest. The Superior Court…
1Opinion of the Court
By the Court.
The order of the Superior Court that the statement of facts be discharged, and the case stand for trial, is not a final judgment, and cannot be brought to this court by bill of exceptions until the trial so ordered shall have been had, and the case finally disposed of in the court below. Safford v. Knight, 117 Mass. 281. National Bank of Clinton v. Taylor, 117 Mass. 283, note. Hogan v. Ward, 117 Mass. 67. These exceptions have therefore been prematurely entered in this court, and must be Dismissed.
The second case was an alternative writ of mandamus to compel judgment to be…
2Cases cited4 opinions
- Commonwealth v. Inhabitants of GloucesterMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
- Safford v. KnightMassachusetts Supreme Judicial Court · 1875
- Hogan v. WardMassachusetts Supreme Judicial Court · 1875
3Cited by33 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Johnson's CaseMassachusetts Supreme Judicial Court · 1922
- Clark v. McNeilMassachusetts Supreme Judicial Court · 1923
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
28 more not listed; retrieve them via the Exa API.