Lord v. Edwards
Massachusetts Supreme Judicial Court
Contract to recover for a breach of a warranty of the test and color of certain sugar sold by the defendants to the plaintiffs. At the trial in this court, before O. Allen, J., the jury returned a verdict for the defendants ; and the plaintiffs alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
The contract between the parties is in the form of a letter, written at Boston by the agents of the defendants, addressed to the plaintiffs. The material parts of it are as follows: “ We have made sale to you of 1200 tons extra Manila sugars, about Ho. 9 D. S. in color, at 10.10 per ton f. o. b., and we understand it is your intention to load same on the Republic on her arrival at Manila. ... It is further understood that the sugar is sold on a basis of 88° pol’r with 3d. per cwt. per degree downward and fractions of degree in proportion. The sugars to be thoroughly sampled and tested on…
2Cited by9 opinions
- Croton Chemical Corp. v. Birkenwald, Inc.Washington Supreme Court · 1957
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- Alden v. HartMassachusetts Supreme Judicial Court · 1894
- Lewis v. Farmers Grain & Milling Co.California Court of Appeal · 1921
- Mobile Fruit & Trading Co. v. McGuireSupreme Court of Minnesota · 1900
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