Automatic Time Table Advertising Co. v. Automatic Time Table Co.
Massachusetts Supreme Judicial Court
Contract for the alleged breach of a contract in writing in failing to deliver to the plaintiff six automatic time table clocks, operated by electric batteries, in accordance with the terms of the agreement printed, below.
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Contract for the alleged breach of a contract in writing in failing to deliver to the plaintiff six automatic time table clocks, operated by electric batteries, in accordance with the terms of the agreement printed, below. Writ dated August 12, 1909. The contract declared upon, of which a copy was attached to the declaration, was as follows: “ Know all men by these presents, that the Automatic TimeTable Company, a corporation duly organized, having its principal place of business at Lowell in the County of Middlesex and Commonwealth of Massachusetts, in consideration of $4800.00, paid by the…
1Opinion of the CourtLoring, J.
The contract of July 16 was a contract for the sale of twelve specific machines and not a contract for the sale of twelve machines of a particular description. By its terms it purports to be a present sale, but it was a sale of “ 12 automatic time-table machines complete,” and there was evidence that no one of the “ 6 machines now standing in the shop of the Automatic Time Table Company ” was complete.
The bill of exceptions is somewhat obscure on this point. But as we interpret it there was evidence that apart from the Gordon batteries no one of these six machines was complete. We speak of…
2Cases cited7 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Foster v. RopesMassachusetts Supreme Judicial Court · 1872
- Thorndike v. BathMassachusetts Supreme Judicial Court · 1873
- Breck v. BarneyMassachusetts Supreme Judicial Court · 1903
- Wesoloski v. WysoskiMassachusetts Supreme Judicial Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Marr v. HeggieMassachusetts Supreme Judicial Court · 1944
- Chandler Grain & Milling Co. v. SheaMassachusetts Supreme Judicial Court · 1913
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