Boston Consolidated Gas Co. v. Folsom
Massachusetts Supreme Judicial Court
Contract, with a declaration in four counts, the first and second counts being based upon an agreement in writing, described below, for the sale by the plaintiff to the defendant of “a four section Kane gas fired steam boiler” and accessories, and the third and fourth counts being upon an account annexed for gas furnished.
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Contract, with a declaration in four counts, the first and second counts being based upon an agreement in writing, described below, for the sale by the plaintiff to the defendant of “a four section Kane gas fired steam boiler” and accessories, and the third and fourth counts being upon an account annexed for gas furnished. Writ dated April 3, 1918; also an action of Tort," by the defendant in the first action against the plaintiff therein, for deceit in the sale of the boiler. Writ dated May 8, 1918.
1Opinion of the CourtCrosby, J.
The first action is in contract. Under the first and second counts the plaintiff seeks to recover a balance of $275 for the installation of a gas fired boiler, and the third and fourth counts allege that the defendant owes the plaintiff for gas furnished to him. The second action is in tort, in which, in substance, the plaintiff alleges that he was induced to enter into a contract for the installation of the boiler by reason of the representation made to him by the defendant’s agent that the cost of heating his house therewith would be reasonable; that he relied on this representation, and…
2Cases cited13 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
- Ward v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1918
- Dawe v. MorrisMassachusetts Supreme Judicial Court · 1889
- Farrell v. Manhattan Market Co.Massachusetts Supreme Judicial Court · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- Sullivan v. RocheMassachusetts Supreme Judicial Court · 1926
- Wellington v. RuggMassachusetts Supreme Judicial Court · 1922
- Ernest F. Carlson Co. v. Fred T. Ley & Co.Massachusetts Supreme Judicial Court · 1929
- Iron Fireman Coal Stoker Co. v. BrownSupreme Court of Minnesota · 1931
14 more not listed; retrieve them via the Exa API.