Putnam-Hooker Co. v. Hewins
Massachusetts Supreme Judicial Court
Contract. Writ dated June 24,1908. The declaration was as follows: “ The plaintiff says that it is engaged in the business of selling cotton goods and sheetings, and that on or about the fifteenth day of November, 1907, the defendant agreed in writing to purchase from the plaintiff a large quantity of 40" 4.50 yd. 48 x 52 sheeting at 5| c. deliverable about 10,000 yards a week from January first to April first, 1908, goods to run within about five points.
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Contract. Writ dated June 24,1908. The declaration was as follows: “ The plaintiff says that it is engaged in the business of selling cotton goods and sheetings, and that on or about the fifteenth day of November, 1907, the defendant agreed in writing to purchase from the plaintiff a large quantity of 40" 4.50 yd. 48 x 52 sheeting at 5| c. deliverable about 10,000 yards a week from January first to April first, 1908, goods to run within about five points. Thereafter disputes arose between the plaintiff and the defendant in regard to the quality of similar goods delivered by the plaintiff to…
1Opinion of the CourtSheldon, J.
The defendant contends that the trial judge on all the evidence should have entered judgment in his favor. He contends that his contract with the plaintiff was for goods of the specified weight of four and a half yards to the pound, with no greater variation than one of five points, or five hundredths of a yard, to the pound in any case; and that the plaintiff did not deliver to him such goods, but that the goods which it did deliver to him varied more than five points from the specified weight, being sometimes lighter and sometimes heavier; and that this failure to deliver the goods agreed…
2Cases cited11 opinions
- Merriam v. United StatesSupreme Court of the United States · 1883
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Edgar v. Joseph Breck & Sons Corp.Massachusetts Supreme Judicial Court · 1899
- Smith v. Vose & Sons Piano Co.Massachusetts Supreme Judicial Court · 1907
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bucholz v. Green Bros. Co.Massachusetts Supreme Judicial Court · 1930
- Lampasona v. CapriottiMassachusetts Supreme Judicial Court · 1936
- Procter v. Atlantic Fish CompaniesMassachusetts Supreme Judicial Court · 1911
- Oehme v. Whittemore-Wright Co.Massachusetts Supreme Judicial Court · 1932
- Corbett v. A. Freedman & Sons, Inc.Massachusetts Supreme Judicial Court · 1928
7 more not listed; retrieve them via the Exa API.