Silvestri v. Missocchi
Massachusetts Supreme Judicial Court
Contract, for breach of the following agreement under seal, dated June 14, 1893, and executed by the defendant as the party of the first part, and the plaintiff as the party of the second part: “ Whereas the party of the first part is desirous of having the party of the second part extend to John Berry . . . certain credits byway of furnishing the said John Berry with groceries, provisions, and comestibles at Cordaville, Mass., and along the line of the Portland and Rumford…
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Contract, for breach of the following agreement under seal, dated June 14, 1893, and executed by the defendant as the party of the first part, and the plaintiff as the party of the second part: “ Whereas the party of the first part is desirous of having the party of the second part extend to John Berry . . . certain credits byway of furnishing the said John Berry with groceries, provisions, and comestibles at Cordaville, Mass., and along the line of the Portland and Rumford Falls Railroad Company, in the State of Maine, during the continuance of the works to be at those places performed by…
1Opinion of the CourtHolmes, J.
The defendant argues that the special facts found by the auditor do not warrant his conclusion that the goods were delivered at points on the line of the Portland and Rumford Falls Railroad. The auditor finds that the packages were marked for those points, and were delivered to an express-man to take to the freight office in Boston, that bills of lading and what purported to be a receipt from some one at the freight *341office were returned to the plaintiff by the expressman, and that no complaint that the goods were not received was made by the party who ordered them. This is some evidence that…
2Cases cited3 opinions
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Briggs v. HerveyMassachusetts Supreme Judicial Court · 1881
3Cited by3 opinions
- Kolosoff v. TurriWashington Supreme Court · 1947
- Territory of Hawaii v. Hu SeongHawaii Supreme Court · 1911
- Champlin v. ChurchSupreme Court of New Jersey · 1908