Schlatter v. Young
Massachusetts Supreme Judicial Court
Contract upon an account annexed for coal alleged to have been sold to the defendant and delivered at a greenhouse on Hickory Street in Springfield owned by him, and for some small additional items. Writ in the Police Court of Springfield dated December 5, 1905. On appeal to the Superior Court the case was tried before jFessenden, J., without a jury. The character of the evidence is described in the opinion.
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Contract upon an account annexed for coal alleged to have been sold to the defendant and delivered at a greenhouse on Hickory Street in Springfield owned by him, and for some small additional items. Writ in the Police Court of Springfield dated December 5, 1905. On appeal to the Superior Court the case was tried before jFessenden, J., without a jury. The character of the evidence is described in the opinion. It was agreed that all items of debit and credit in the plaintiffs’ account previous to January 7, 1904, should be stricken out, and that the items of coal in the account so amended were…
1Opinion of the CourtRugg, J.
This is an action of contract. Exceptions were taken before a judge of the Superior Court sitting without a jury. The plaintiffs’ declaration was upon an account annexed. Most of the items were for coal delivered at a certain greenhouse of which the defendant was the owner. It is not asserted that the defendant was personally at the greenhouse during the time when the coal was delivered, one Buckleton being in actual possession and control. The points in controversy at the trial were whether the defendant had ordered the coal, whether Buckleton was acting as the agent for the defendant in…
2Cases cited2 opinions
- Wasserman v. McDonnellMassachusetts Supreme Judicial Court · 1906
- Bailey v. MardenMassachusetts Supreme Judicial Court · 1906
3Cited by15 opinions
- Shutka v. Pennsylvania RR Co.New Jersey Superior Court Appellate Division · 1962
- Taylor v. Barton Child Co.Massachusetts Supreme Judicial Court · 1917
- Federal Trust Co. v. Bristol County Street Railway Co.Massachusetts Supreme Judicial Court · 1915
- Roberts v. All American Engineering Co.New Jersey Superior Court Appellate Division · 1968
- Freddi-Gail, Inc. v. Royal Holding Corp.New Jersey Superior Court Appellate Division · 1955
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