Parker v. S. G. Shaghalian & Co.
Massachusetts Supreme Judicial Court
Contract for breach of warranty of merchantability of certain candy called “peach buds/’ sold by the defendant to the plaintiff. Writ dated August 12, 1919. In the Superior Court, the action was tried before Bishop, J. Material evidence, requests for rulings, and instructions by the judge are described in the opinion. A motion by the defendant that a verdict be ordered in its favor was denied.
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Contract for breach of warranty of merchantability of certain candy called “peach buds/’ sold by the defendant to the plaintiff. Writ dated August 12, 1919. In the Superior Court, the action was tried before Bishop, J. Material evidence, requests for rulings, and instructions by the judge are described in the opinion. A motion by the defendant that a verdict be ordered in its favor was denied. There was a verdict for the plaintiff in the sum of $375.72; and the defendant alleged exceptions.
1Opinion of the CourtRugg, C.J.
This is an action for breach of contract concerning the sale by sample of a quantity of candy known as “peach buds” brought by a wholesale dealer against the manufacturer. The candy was shipped on December 3, received on December 6, and paid for on December 11, 1918. There was evidence tending to show that on receipt there was nothing about the candy to indicate that it did not correspond to sample and was not merchantable; that it was sold and delivered by the plaintiff to his retail customers in the usual way, and upon being displayed by them for sale according to the custom of the trade…
2Cases cited11 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Ward v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1918
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Johnson v. City of LowellMassachusetts Supreme Judicial Court · 1922
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3Cited by32 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Grupe v. GlickCalifornia Supreme Court · 1945
- Holt v. MannMassachusetts Supreme Judicial Court · 1936
- McCarthy v. Litton Industries, Inc.Massachusetts Supreme Judicial Court · 1991
- Botti v. Venice Grocery Co.Massachusetts Supreme Judicial Court · 1941
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