Bondy v. Hardina
Massachusetts Supreme Judicial Court
Contract for the price of three barrels of whisky and one keg of gin alleged to have been sold by the plaintiff to the defendant, according to an account annexed as follows: There were five credits of payments made at different dates in the year 1910 amounting in all to $157.10 Leaving a balance, alleged to be due to the plaintiff, of $109.27 Writ in the Police Court of Springfield dated February 2, 1911. The answer contained a general denial and an allegation of payment,…
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Contract for the price of three barrels of whisky and one keg of gin alleged to have been sold by the plaintiff to the defendant, according to an account annexed as follows: There were five credits of payments made at different dates in the year 1910 amounting in all to $157.10 Leaving a balance, alleged to be due to the plaintiff, of $109.27 Writ in the Police Court of Springfield dated February 2, 1911. The answer contained a general denial and an allegation of payment, and also alleged that the contract declared upon was one for the illegal sale of intoxicating liquors, the plaintiff…
1Opinion of the CourtSheldon, J.
As to all but the fourth item of the account annexed to the plaintiff’s declaration, it appeared that the plaintiff and the defendant made in Massachusetts executory contracts of purchase and sale. These contracts were respectively for barrels of whisky and a keg of gin. But none of them were for any specific or ascertained goods. The plaintiff, who was a wholesale liquor dealer in New York, had there several barrels of whisky and several kegs of gin. After he had made his contract with the defendant he took from his stock two barrels of whisky and a keg of gin, ascertained the amount of…
2Cases cited5 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- Abberger v. MarrinMassachusetts Supreme Judicial Court · 1869
- Haynes v. NiceMassachusetts Supreme Judicial Court · 1868
- Warren v. ChapmanMassachusetts Supreme Judicial Court · 1870
- Cabstains v. O'DonnellMassachusetts Supreme Judicial Court · 1891
3Cited by5 opinions
- Hastings Associates, Inc. v. Local 369 Building Fund, Inc.Massachusetts Appeals Court · 1997
- Atlantic Transportation Co. v. Alexander Shipping Co.Massachusetts Supreme Judicial Court · 1927
- Chickering & Sons v. M. Steinert & Sons Co.Massachusetts Supreme Judicial Court · 1932
- Medeiros v. Scarpitti Investment Corp.Massachusetts Supreme Judicial Court · 1965
- Bowden v. EliasMassachusetts District Court, Appellate Division · 1961