Kelley v. Thompson
Massachusetts Supreme Judicial Court
Contract, upon a promissory note for $500, dated October 1, 1892, payable in two years after date to the order of the plaintiff with interest at six per cent per annum, and signed by the defendant; and also to recover a balance due for milk sold.
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Contract, upon a promissory note for $500, dated October 1, 1892, payable in two years after date to the order of the plaintiff with interest at six per cent per annum, and signed by the defendant; and also to recover a balance due for milk sold. At the trial in the Superior Court, before Bell, J., the jury returned a verdict for the plaintiff, in which the amount of a disputed item in a declaration in set-off was deducted from the balance which was agreed to be due to the plaintiff without such deduction ; and he alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtLoring, J.
On October 1, 1892, the plaintiff, who was a farmer having a herd of cows “ and also the owner of a milk route,” sold to the defendant his good will in the milk route, and certain personal property used in connection with it, for $600; the defendant paid $100 of the $600 in cash, and gave his note for the other $500, payable in two years from that date with interest at six per cent per annum. At the same time, the defendant agreed to purchase from the plaintiff all his milk at the rate of twenty-eight cents a can; no time was fixed during which the defendant should take the plaintiff’s milk,…
2Cases cited3 opinions
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3Cited by9 opinions
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- Braasch v. BondeWisconsin Supreme Court · 1926
- Burgdorfer v. ThielemannOregon Supreme Court · 1936
- Kelley v. ThompsonMassachusetts Supreme Judicial Court · 1902
- Meng v. Trustees of Boston UniversityMassachusetts Appeals Court · 1998
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