Keller v. Webb
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to purchase certain black lead. The plaintiff in his declaration alleged that “he made a contract in writing with the defendants, the substance and legal effect of which was that he sold to the defendants and the defendants purchased of him 600 casks of Crown double hammer No. 1 Ajnalia Mine German black lead, to be delivered in lots of about 100 casks at different times in the year 1877.” After the former decision, reported 125 Mass. 88,…
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Contract for breach of an agreement to purchase certain black lead. The plaintiff in his declaration alleged that “he made a contract in writing with the defendants, the substance and legal effect of which was that he sold to the defendants and the defendants purchased of him 600 casks of Crown double hammer No. 1 Ajnalia Mine German black lead, to be delivered in lots of about 100 casks at different times in the year 1877.” After the former decision, reported 125 Mass. 88, the case was tried in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as…
1Opinion of the CourtGray, C. J.
The question proposed by the defendants was rightly excluded, because it sought not only to add to, but to alter, the written contract by paroi evidence.
As to the description of the contract, there was a variance between the declaration and the proof; but, as the merits of the case appear to have been fully tried, that variance may and should be allowed to be cured after verdict, by an amendment *395of the declaration, the plaintiff taking no costs since the trial. Cleaves v. Lord, 3 Gray, 66. Stone v. White, 8 Gray, 589. Peck v. Waters, 104 Mass. 345.
Upon such amendment, exceptions overruled.
2Cases cited1 opinion
- Peck v. WatersMassachusetts Supreme Judicial Court · 1870
3Cited by7 opinions
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- Whitney v. HoughtonMassachusetts Supreme Judicial Court · 1879
- Whitehead & Atherton Machine Co. v. RyderMassachusetts Supreme Judicial Court · 1885
- Denham v. BryantMassachusetts Supreme Judicial Court · 1885
- Fay v. WalshMassachusetts Supreme Judicial Court · 1906
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