Legal Opinion

C. M. Fauci Co. v. Kelley

Massachusetts District Court, Appellate Division

Decided December 3, 1942Published

1Opinion of the CourtRowe, J.

This is an action of contract to recover $801.79 for ale and lager sold and delivered. The plaintiff’s declaration contains several hundred items on an account annexed, the total charges amounting to $6057.21 and total credits amounting to $5255.42, leaving a claimed balance due of $801.79. At the trial the plaintiff was allowed to add two more items making the total amount claimed to be due of $817.79 instead of $801.79. The defendant’s answer is a general denial, a plea of payment and “for further answer the defendant says that the agreement between the plaintiff and the defendant upon…

2Cases cited5 opinions

  1. Korb v. Albany Carpet Cleaning Co.Massachusetts Supreme Judicial Court · 1938
  2. Finlay v. Eastern Racing Ass'nMassachusetts Supreme Judicial Court · 1941
  3. James J. Sullivan, Inc. v. Cann's Cabins, Inc.Massachusetts Supreme Judicial Court · 1941
  4. Sullivan v. CrowleyMassachusetts Supreme Judicial Court · 1940
  5. Dubois v. GoldsteinMassachusetts Supreme Judicial Court · 1931

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