Tuttle v. Metz Co.
Massachusetts Supreme Judicial Court
Contract, the declaration containing a first count for a breach of an express contract and a second count on an account annexed for $2,700. Writ dated October 3, 1916. The first item of the account annexed was dated November 24, 1915, and was "For furnishing registrations and totals to Oct. 1, 1915, $900.” The items from two to nine inclusive were "For furnishing motor lists registrations for” each of the months of October, November and December, 1915, and January, February,…
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Contract, the declaration containing a first count for a breach of an express contract and a second count on an account annexed for $2,700. Writ dated October 3, 1916. The first item of the account annexed was dated November 24, 1915, and was "For furnishing registrations and totals to Oct. 1, 1915, $900.” The items from two to nine inclusive were "For furnishing motor lists registrations for” each of the months of October, November and December, 1915, and January, February, March, April, May and June, 1916, at $200 a month. The eleventh item was for “Interest on $2,700 . . . from September,…
1Opinion of the CourtCarroll, J.
The defendant is a manufacturer of motor cars. The plaintiff, who is engaged in collecting and selling statistical information relating to motor cars, on October 23, 1915, wrote to the defendant offering to furnish the statistics to October 1, for $900, and at the rate of $200 per month for the remaining months of that year; and "if during next January you do give us an order for our service during 1916 at $200.00 per month we will cancel the amount of $900.00.” November 4, 1915, the defendant wrote accepting the offer of October 23 and stating: “This order is placed with the understanding…
2Cases cited2 opinions
- Rogers v. Rogers & BrotherMassachusetts Supreme Judicial Court · 1885
- Cutter v. CochraneMassachusetts Supreme Judicial Court · 1874
3Cited by24 opinions
- Community Builders, Inc. v. Indian Motocycle Associates, Inc.Massachusetts Appeals Court · 1998
- McFaden v. NordblomMassachusetts Supreme Judicial Court · 1940
- Zlotnick v. McNamaraMassachusetts Supreme Judicial Court · 1938
- State v. FunkOregon Supreme Court · 1921
- Lipson v. AdelsonMassachusetts Appeals Court · 1983
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