Short Mountain Coal Co. v. Hardy
Massachusetts Supreme Judicial Court
Contract by the Short Mountain Coal Company and the Summit Branch Railroad Company against James C. Hardy and John S. Lamprey, upon an account annexed made up of four charges for Franklin coal sold the defendant, and a charge for interest, the whole amounting to $508.61. The defendants, among other things, denied that the plaintiffs ever sold them any coal, and asserted that, if they ever did sell them any, “ the same was never weighed as by law required,” and that it was…
Read the full summary
Contract by the Short Mountain Coal Company and the Summit Branch Railroad Company against James C. Hardy and John S. Lamprey, upon an account annexed made up of four charges for Franklin coal sold the defendant, and a charge for interest, the whole amounting to $508.61. The defendants, among other things, denied that the plaintiffs ever sold them any coal, and asserted that, if they ever did sell them any, “ the same was never weighed as by law required,” and that it was sold through agents, “ and the defendants have paid to said agents sums of money for and on account of coal so sold more…
1Opinion of the CourtWells, J.
From the previous course of business between the parties, and the requests to have coal, sold to these defendants, sent to the railroad “in long tons and not in short tons,” we think the question whether the buyer and seller had, before the delivery of the coal sued for, mutually agreed to waive the provisions of the act requiring it to be weighed by a sworn weigher, was properly submitted to the jury as a question of fact. Gen. Sts. c. 49, § 187. St. 1865, c. 191, § 5.
The right of the defendants to avail themselves of a set-off, growing out of a previous transaction, depends upon the…
2Cited by14 opinions
- Beaucage v. MercerMassachusetts Supreme Judicial Court · 1910
- Heiman v. FelderSupreme Court of Iowa · 1916
- Foley v. Hotel Touraine Co.Massachusetts Supreme Judicial Court · 1951
- Stevens v. FrostSupreme Judicial Court of Maine · 1943
- Thalin v. FRIDEN CALCULATING MACHINE CO. INC.Massachusetts Supreme Judicial Court · 1958
9 more not listed; retrieve them via the Exa API.