Wesoloski v. Wysoski
Massachusetts Supreme Judicial Court
Tort for the conversion of certain onions in the manner described in the opinion. Writ in the District Court of Franklin dated February 26, 1904. On appeal to the Superior Court the case was tried before Fox, J. The plaintiff on his redirect examination testified as follows: “Anthony Wysoski was going to screen the onions, I was going to help him.
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Tort for the conversion of certain onions in the manner described in the opinion. Writ in the District Court of Franklin dated February 26, 1904. On appeal to the Superior Court the case was tried before Fox, J. The plaintiff on his redirect examination testified as follows: “Anthony Wysoski was going to screen the onions, I was going to help him. He told me he would come up and take me down and help him screen them, that he would come after me to come down and help him screen them. He didn’t come. On Feb. 21st I told Tony, ‘ Tony don’t take my onions, because you don’t pay what you agreed…
1Opinion of the CourtLoking, J.
This is an action for the conversion of three hundred and three bushels of onions. There was evidence that the plaintiff stored some onions in a warehouse in the fall of the year 1903, and that on February 6, 1904, he made a contract with the defendant by word of mouth for the sale of them to him at eighty cents a bushel, when they were screened and weighed. It was admitted that onions are sold by weight, fifty-two pounds making a bushel; that they shrink while in store over winter, and also that small onions are' not sold as onions and were not included in the contract of sale in question.…
2Cases cited3 opinions
- Baker v. LothropMassachusetts Supreme Judicial Court · 1892
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