Metropolitan Coal Co. v. Boutell Transportation & Towing Co.
Massachusetts Supreme Judicial Court
Contract for breach of an alleged agreement for the charter of a tug and coal barges. Writ dated December 26, 1899. The case first was tried before Mason, C. J., without a jury, on a declaration alleging that the defendant made the following offer to the plaintiff: “ Boston, Sept. 26th, 1899. To Mess. Walter, Friend & Co., Boston, Mass.
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Contract for breach of an alleged agreement for the charter of a tug and coal barges. Writ dated December 26, 1899. The case first was tried before Mason, C. J., without a jury, on a declaration alleging that the defendant made the following offer to the plaintiff: “ Boston, Sept. 26th, 1899. To Mess. Walter, Friend & Co., Boston, Mass. Dear Sirs: We will agree to furnish four or five barges that will insure cargoes at a satisfactory rate and carry not less than 8000 tons of coal and a first class tug-boat of not less than 1000 H. P. to tow these or other barges, our option of substituting…
1Opinion of the CourtLoring, J.
1. The defendant’s exceptions to the refusal of the judge to give the first and seventh rulings asked for by it must be overruled.
The judge was warranted in finding as a fact that the plaintiff intended to accept the written offer dated September 26, 1899, and signed “ Wm. H. Mack, Manager.” The evidence also warranted the judge in finding as a fact that, in addition to the unsuccessful attempt to accept it in writing, the plaintiff through its president verbally instructed the broker to accept it and ratified his action in accepting it when notified that he had done so. There is nothing…
2Cases cited3 opinions
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
- Brown v. BradleeMassachusetts Supreme Judicial Court · 1892
- Davis v. EnglandMassachusetts Supreme Judicial Court · 1886
3Cited by6 opinions
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
- Beach & Clarridge Co. v. American Steam Gauge & Valve Manufacturing Co.Massachusetts Supreme Judicial Court · 1909
- Irwin v. Worcester Paper Box Co.Massachusetts Supreme Judicial Court · 1923
- Gilman & Son, Inc. v. Turner Tanning Machinery Co.Massachusetts Supreme Judicial Court · 1919
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