Prescott v. Battersby
Massachusetts Supreme Judicial Court
Contract for goods sold and delivered. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, on the findings of an auditor, which were to be taken as an agreed statement of facts, and were in substance as follows : The plaintiffs were, when the items set forth in their bill of particulars were sold and delivered, dealers in lumber in Lawrence, in this Commonwealth. The sales declared on were made in Lawrence.
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Contract for goods sold and delivered. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, on the findings of an auditor, which were to be taken as an agreed statement of facts, and were in substance as follows : The plaintiffs were, when the items set forth in their bill of particulars were sold and delivered, dealers in lumber in Lawrence, in this Commonwealth. The sales declared on were made in Lawrence. A part of the items declared on are boards and dimension lumber sold and delivered by the plaintiffs to the defendants. All of…
1Opinion of the CourtEndicott, J.
Towns are required at their annual meetings to choose one or more surveyors of lumber. Gen. Sts. c. 18, § 31. The provisions of this section apply to cities, so far as they are not inconsistent with the general or special provisions relating to cities; and the city council of a city has the power of á town, subject to this restriction. Gen.. Sts. c. 19, § 2. By the Gen. Sts. c. 49, § 131, cities, except those mentioned in § 126, “may from time to time establish ” ordinances with suitable penalties respecting the appointment of surveyors of lumber. And the city charter of Lawrence, St. 1853,…
2Cases cited1 opinion
- Sawyer v. SmithMassachusetts Supreme Judicial Court · 1872
3Cited by9 opinions
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- Short v. Bullion-Beck & Champion Mining Co.Utah Supreme Court · 1899
- Dudley v. Collier & PinckardSupreme Court of Alabama · 1888
- Swank v. MoisanOregon Supreme Court · 1917
- Randall v. TuellSupreme Judicial Court of Maine · 1897
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