Davis v. Mills
Massachusetts Supreme Judicial Court
Contract for an alleged breach of a warranty in the sale of two hundred barrels of flour by the defendants to the plaintiff. The answer was a general denial. At the trial in the Superior Court, before Maynard, J., the jury returned a verdict for the plaintiff; and the defendants alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The defendants’ first exception is to the refusal of the court to order the plaintiff to answer the sixth of the interrogatories filed under the statute, which called upon the plaintiff to repeat as fully as he could the conversation between him and the defendants’ agent when the oral contract on which the action was founded was made. The answer filed by the defendants was simply a general denial, and the interrogatory was not intended to elicit evidence in support of any matter of defence alleged by the defendants, but only to ascertain the evidence relied on by the plaintiff to maintain his…
2Cases cited3 opinions
- Fels v. RaymondMassachusetts Supreme Judicial Court · 1885
- Wetherbee v. WinchesterMassachusetts Supreme Judicial Court · 1880
- Baker v. CarpenterMassachusetts Supreme Judicial Court · 1879
3Cited by3 opinions
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
- Wolcott v. National Electric Signaling Co.District Court, D. Massachusetts · 1916
- Looney v. SaltonstallMassachusetts Supreme Judicial Court · 1912