Clapp v. Thayer
Massachusetts Supreme Judicial Court
Contract on an account annexed, to recover for “ 831 creal castings, 2004 pounds, at 12 cents per pound.” At the trial in the Superior Court before Rockwell, J., there was evidence tending to show that the defendants agreed with the plaintiff to supply a quantity of creals used in the manufacture of cotton yarns ; that the number to be furnished was to be about four hundred, or about eight hundred, that if the defendants took four hundred they were to pay twelve cents a…
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Contract on an account annexed, to recover for “ 831 creal castings, 2004 pounds, at 12 cents per pound.” At the trial in the Superior Court before Rockwell, J., there was evidence tending to show that the defendants agreed with the plaintiff to supply a quantity of creals used in the manufacture of cotton yarns ; that the number to be furnished was to be about four hundred, or about eight hundred, that if the defendants took four hundred they were to pay twelve cents a pound, and if they took eight hundred, ten cents a pound ; that the defendants ordered forty-four of the creals, and if…
1Opinion of the Court
By the Coubt.
The only exception taken is to the refusal to give the instructions prayed for, and we are of opinion that both, of them were rightly refused. Each of them requested the court to decide as matter of law what was purely a question of fact. It was for the jury to decide whether furnishing three hundred and thirty-one frames was a substantial compliance with a contract to furnish such frames “to the number of about four hundred; ” as well as whether frames weighing on the average twelve pounds the pair, substantially complied with a contract to furnish frames weighing ten pounds the…
2Cited by5 opinions
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Brown v. NortonNew York Supreme Court · 1888
- Line v. MasonMissouri Court of Appeals · 1896
- Santa Paula Commercial Co. v. Parkhurst-Davis Mercantile Co.Supreme Court of Kansas · 1912
- Brown v. NortonNew York Supreme Court · 1888