Mitchell v. Le Clair
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, to recover the price of sixty tubs of butter sold by the plaintiffs to the defendant. Trial in the Superior Court, with out "a jury, before Richardson, J., who allowed a bill of exceptions, in substance as follows. The plaintiffs are wholesale butter dealers in Boston, and the defendant is a grocer in Southbridge. On September 26, 1893, the defendant visited the store of the plaintiffs, inquiring the price of butter.
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Contract, upon an account annexed, to recover the price of sixty tubs of butter sold by the plaintiffs to the defendant. Trial in the Superior Court, with out "a jury, before Richardson, J., who allowed a bill of exceptions, in substance as follows. The plaintiffs are wholesale butter dealers in Boston, and the defendant is a grocer in Southbridge. On September 26, 1893, the defendant visited the store of the plaintiffs, inquiring the price of butter. The plaintiffs offered to sell to the defendant sixty tubs of butter, of the same kind and quality as that previously bought by the defendant…
1Opinion of the CourtKnowlton, J.
The principal question in this case is whether there was a sufficient delivery of the butter to pass the title as between the parties. There is no dispute that there was a good contract of sale, and no question arises under the statute of frauds.
The defendant accepted by telegram the plaintiffs’ offer to sell him sixty tubs of butter of a specified quality at twenty-seven cents per pound. The plaintiffs had in their storehouse a large quantity of butter. Upon the receipt of the defendant’s telegram accepting their offer, they were impliedly authorized, as the defendant’s agents, to set apart…
2Cases cited6 opinions
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
- Putnam v. GliddenMassachusetts Supreme Judicial Court · 1893
- Safford v. McDonoughMassachusetts Supreme Judicial Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- Bristol Manufacturing Corp. v. MillsMassachusetts Supreme Judicial Court · 1912
- Circuit City Stores, Inc. v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 2003
- Carver-Beaver Yarn Co. v. WolfsonMassachusetts Supreme Judicial Court · 1924
12 more not listed; retrieve them via the Exa API.