Legal Opinion

Burgess Sulphite Fibre Co. v. Broomfield

Massachusetts Supreme Judicial Court

Decided January 3, 1902PublishedCited by 32 opinions

Contract for the defendants’ refusal to accept certain scrap iron alleged to have been sold to them by the plaintiff. Writ dated July 2, 1900. In the Superior Court, Bond, J. ruled, that there was no evidence to warrant a verdict for the. plaintiff and directed a verdict for the defendants; and the plaintiff alleged exceptions.

1Opinion of the CourtLoring, J.

On April 26, 1900, the plaintiff and defendants entered into the following contract: “ Berlin, N. H. U. S. A. April 26, 1900. Burgess Sulphite Fibre Co., Berlin, N. H. Gentlemen : We hereby agree to pay you twelve dollars ($12.00) per ton of 2,000 lbs. spot cash, f. o. b. Berlin, for all your iron which you may desire to sell, both cast and wrought, also all cables. This offer covers everything in the line of iron, whether located in your mill or on your premises, except galvanized iron, and is to be taken where found, we to assume all costs of removing the same, you to have privilege of…

2Cases cited5 opinions

  1. Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
  2. National Furnace Co. v. Keystone Manufacturing Co.Illinois Supreme Court · 1884
  3. Hoffman v. MaffioliWisconsin Supreme Court · 1899
  4. Hickey v. O'BrienMichigan Supreme Court · 1900
  5. Thayer v. BurchardMassachusetts Supreme Judicial Court · 1868

3Cited by32 opinions

  1. Gill v. Richmond Co-operative Ass'nMassachusetts Supreme Judicial Court · 1941
  2. Safford v. City of LowellMassachusetts Supreme Judicial Court · 1926
  3. Texas Co. v. Pensacola Maritime Corp.Court of Appeals for the Fifth Circuit · 1922
  4. H. P. Hood & Sons v. HeinsSupreme Court of Vermont · 1964
  5. El Dorado Ice & Planing Mill Co. v. KinardSupreme Court of Arkansas · 1910

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