McLean v. Richardson
Massachusetts Supreme Judicial Court
Contract. The .declaration alleged, that the defendants agreed to purchase of the plaintiff, at a certain price, two thousand hides, to be delivered at a railroad depot in Boston; that the plaintiff delivered the hides as agreed, and the defendants refused to accept them; and that the plaintiff was obliged to sell the hides at a reduced price, whereby a cause of action had accrued to the plaintiff.
Read the full summary
Contract. The .declaration alleged, that the defendants agreed to purchase of the plaintiff, at a certain price, two thousand hides, to be delivered at a railroad depot in Boston; that the plaintiff delivered the hides as agreed, and the defendants refused to accept them; and that the plaintiff was obliged to sell the hides at a reduced price, whereby a cause of action had accrued to the plaintiff. The answer contained a general denial, and averred that the plaintiff offered to sell to the defendants a lot of about two thousand hides, representing that they were of a certain quality; that the…
1Opinion of the CourtSoule, J.
By the contract between the parties, the plaintiff was bound to deliver, and the defendants were bound to accept and pay for, at least two thousand hides. The plaintiff sent this number, of weights and quality which satisfied the terms of the contract, to the defendants. The defendants refused to accept them on the ground that they were inferior in quality to what the contract called for, and instructed the plaintiff not to send any more. This entitled the plaintiff to recover his damages for breach of the contract by the defendant, and excused him from further performance on his part, if he…
2Cases cited1 opinion
- Nichols v. MorseMassachusetts Supreme Judicial Court · 1868
3Cited by19 opinions
- E. B. Waples & Co. v. H. C. Overaker & Co.Texas Supreme Court · 1890
- Noyes v. CaldwellMassachusetts Supreme Judicial Court · 1914
- Griffin v. RudnickMassachusetts Supreme Judicial Court · 1937
- Ridenour v. H. C. Dexter Chair Co.Massachusetts Supreme Judicial Court · 1911
- Boyington v. SweeneyWisconsin Supreme Court · 1890
14 more not listed; retrieve them via the Exa API.