Ayer v. R. W. Bell Manufacturing Co.
Massachusetts Supreme Judicial Court
Contract to recover for a breach of a warranty of quality of certain soap sold by the defendant to the plaintiffs, and of a promise to advertise it. Writ dated July 12, 1886. At the trial in the Superior Court, before Blodgett, J., there was evidence tending to prove the following facts. The plaintiffs, who did business under the name of M. S. Ayer and Company, were wholesale grocers in Boston, and the defendant was a soap manufacturer in Buffalo, New York.
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Contract to recover for a breach of a warranty of quality of certain soap sold by the defendant to the plaintiffs, and of a promise to advertise it. Writ dated July 12, 1886. At the trial in the Superior Court, before Blodgett, J., there was evidence tending to prove the following facts. The plaintiffs, who did business under the name of M. S. Ayer and Company, were wholesale grocers in Boston, and the defendant was a soap manufacturer in Buffalo, New York. In February and March, 1886, the defendant extensively advertised in various newspapers in Boston and vicinity, as well as by the use of…
1Opinion of the CourtHolmes, J.
1. The plaintiffs’ written order for soap was drawn to bind them only, was signed only by them, and does not contemplate the defendant’s signing it. There was no necessity that it should set forth the whole consideration, especially collateral undertakings, on the part of the defendant. It purports to state what the plaintiffs agree to buy, and the price which they agree to pay. The stipulation for a reduction on *53goods on hand, if the defendant should reduce the price, relates to the price. The provision in favor of the seller, “that there shall be no further claim made or allowed on this…
2Cases cited4 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Lovell v. WilliamsMassachusetts Supreme Judicial Court · 1878
- Reed v. Ashburnham RailroadMassachusetts Supreme Judicial Court · 1876
- Case v. BaldwinMassachusetts Supreme Judicial Court · 1883
3Cited by14 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1892
- Baum v. LynnMississippi Supreme Court · 1895
- De Rue v. McIntoshSouth Dakota Supreme Court · 1910
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