Sawyer v. Smith
Massachusetts Supreme Judicial Court
Contract by the administrator of the estate of Luke Sawyer to recover the price of hay sold by his intestate to the defendant.
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Contract by the administrator of the estate of Luke Sawyer to recover the price of hay sold by his intestate to the defendant. At the trial in the superior court, before Wilkinson, J., it was agreed that the hay was sold to the defendant by the plaintiff’s intestate at a certain price per ton, and was weighed and delivered in 1870, in the towns of Stow and Sudbury; that neither of these towns appointed a superintendent of hay scales in the years 1869 or 1870 ; and that the {plaintiff’s intestate caused the hay to be weighed on scales, not provided by the buyer, which were not sealed as…
1Opinion of the CourtMorton, J.
The hay, for the. price of which this suit ia brought, was sold by the plaintiff’s intestate in violation of law. The statement of facts finds that the hay was sold by weight, and was weighed upon private scales, selected by the seller and not provided by the buyer, which had not been adjusted and sealed by any sealer of weights and measures as required by the Gen. Sts. e. 51, §§ 11, 12. A sale by such scales was in direct violation of the Gen. Sts. e. 51, § 16.*
The decisions are uniform, that, if a sale is made in contravention of a statute passed for the protection of the buyer, no action…
2Cases cited1 opinion
- Smith v. ArnoldMassachusetts Supreme Judicial Court · 1871
3Cited by10 opinions
- Bowditch v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1886
- Urwan v. Northwestern National Life InsuranceWisconsin Supreme Court · 1905
- Huey v. PassarelliMassachusetts Supreme Judicial Court · 1929
- Swank v. MoisanOregon Supreme Court · 1917
- Randall v. TuellSupreme Judicial Court of Maine · 1897
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