Benford Manufacturing Co. v. Standard Tire & Rubber Co.
Massachusetts Supreme Judicial Court
Contract upon an account annexed for $412.50 for automobile spark plugs and timers sold by the plaintiff to the defendant. Writ in the Municipal Court of the City of Boston dated August 7,1918. Upon removal to the Superior Court, the action was tried before Fox, J. The material evidence is described in the opinion.
Read the full summary
Contract upon an account annexed for $412.50 for automobile spark plugs and timers sold by the plaintiff to the defendant. Writ in the Municipal Court of the City of Boston dated August 7,1918. Upon removal to the Superior Court, the action was tried before Fox, J. The material evidence is described in the opinion. At the close of the evidence, by order of the judge upon motion by the plaintiff, a verdict was entered for the plaintiff in the amount of his claim; and the defendant alleged exceptions.
1Opinion of the CourtCrosby, J.
This is an action to recover upon an account annexed for automobile spark plugs sold and delivered by the plaintiff to the defendant. At the close of the evidence, on motion of the plaintiff, the trial judge ordered the jury to return a verdict for the plaintiff for the full amount named in the declaration. To that order the defendant excepted.
At the trial the defendant admitted the receipt of the goods and that the market price was as stated in the account annexed. The goods were sold in accordance with a written order signed by the defendant, which contains among other provisions the…
2Cases cited5 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- MacAlman v. GleasonMassachusetts Supreme Judicial Court · 1917
- Friedman v. PierceMassachusetts Supreme Judicial Court · 1912
- Puffer Manufacturing Co. v. KrumMassachusetts Supreme Judicial Court · 1911
- Loomer v. HarlowMassachusetts Supreme Judicial Court · 1913
3Cited by2 opinions
- Burke v. Atlantic Chemical Co.Massachusetts Supreme Judicial Court · 1922
- Williams v. SmithMassachusetts District Court, Appellate Division · 2009