DeVito v. Boehme & Rauch Co.
Massachusetts Supreme Judicial Court
Contract, with a declaration in two counts, the first count being to recover $2,300 for goods sold and delivered and the second count being to recover $5,000 for the breach of an alleged contract in writing to accept and pay for certain mixed paper. Writ dated March 24, 1919. In the Superior Court the action was tried before Fessenden, J. The material evidence is described in the opinion.
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Contract, with a declaration in two counts, the first count being to recover $2,300 for goods sold and delivered and the second count being to recover $5,000 for the breach of an alleged contract in writing to accept and pay for certain mixed paper. Writ dated March 24, 1919. In the Superior Court the action was tried before Fessenden, J. The material evidence is described in the opinion. At the close of the evidence the judge presented two issues to the jury which with the answers thereto are stated in the opinion. The judge then ordered a verdict for the plaintiff under the first count of…
1Opinion of the CourtJenney, J.
This is an action of contract in which the declaration contains two counts. On the first count the plaintiff seeks to recover $2,300 for goods sold and delivered; and on the second, damages for the breach of a contract for the sale of paper stock. There is no question as to the subject matter of the first count; “ the only controversy ... is whether or not there was a contract entered into . . . concerning the subject matter of count two.” The entire dealings were conducted by correspondence.
The report recites that “ Two issues were presented to the jury under count two of the substitute…
2Cases cited3 opinions
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