Whitehead & Atherton Machine Co. v. Ryder
Massachusetts Supreme Judicial Court
Contract, on an account annexed, for money paid, to the amount of $549.63, for duties, freight, custom-house charges, and labor and money expended upon a certain fluting machine ordered of the defendant by the plaintiff, and delivered to the plaintiff; with a count for a breach of warranty in not furnishing the machine which the defendant warranted and guaranteed to furnish. The answer contained a general denial, and a special denial of any breach of contract.
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Contract, on an account annexed, for money paid, to the amount of $549.63, for duties, freight, custom-house charges, and labor and money expended upon a certain fluting machine ordered of the defendant by the plaintiff, and delivered to the plaintiff; with a count for a breach of warranty in not furnishing the machine which the defendant warranted and guaranteed to furnish. The answer contained a general denial, and a special denial of any breach of contract. The defendant also filed a declaration in set-off, for the price of the machine and interest, amounting to $944.15. Trial in the…
1Opinion of the CourtHolmes, J.
The defendant’s exceptions disclose nothing sufficient to enable us to deal with the first or third request for rulings. It does not appear that the parties agreed as alleged in the first, or that any evidence was offered to control or modify the contract to be gathered from the letters. We rather infer, so far as we can infer anything, that the conversations put in went simply to show that the defendant knew what the plaintiff’s work was before the letter relied on by the plaintiff was written. We see no ground for supposing that the case goes beyond the *370principles laid down in Stoops v.…
2Cases cited5 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Keller v. WebbMassachusetts Supreme Judicial Court · 1878
- Miller v. StevensMassachusetts Supreme Judicial Court · 1868
- Manning v. FitchMassachusetts Supreme Judicial Court · 1885
- Keller v. WebbMassachusetts Supreme Judicial Court · 1879
3Cited by14 opinions
- Grupe v. GlickCalifornia Supreme Court · 1945
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Abbott v. HapgoodMassachusetts Supreme Judicial Court · 1889
- New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
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