Sullivan v. Fugazzi
Massachusetts Supreme Judicial Court
Contract, the first count for $770 for money had and received, the second count for $275 damages for the non-delivery of a car load of peaches for which the plaintiff had paid the defendant $770, the third count for $252 damages for delay in the delivery of and consequent damage to another car load of peaches for which the plaintiff had paid the defendant, and the fourth count for $1,297 on an account annexed, combining the claims set forth in the first three counts.
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Contract, the first count for $770 for money had and received, the second count for $275 damages for the non-delivery of a car load of peaches for which the plaintiff had paid the defendant $770, the third count for $252 damages for delay in the delivery of and consequent damage to another car load of peaches for which the plaintiff had paid the defendant, and the fourth count for $1,297 on an account annexed, combining the claims set forth in the first three counts. Writ in the Municipal Court of the City of Boston dated September 23, 1902. On appeal to the Superior Court the case was tried…
1Opinion of the CourtBraley, J.
The plaintiffs’ cause of action, whether against the defendant, or the railroad company, was for a failure to deliver the peaches either according to the contract of sale or of carriage, and the order that the actions should be tried together rather than separately was not only proper but discretionary with the trial court. Springfield v. Sleeper, 115 Mass. 587. Burt v. Wigglesworth, 117 Mass. 302. Commonwealth v. Robinson, 1 Gray, 555. Commonwealth v. Miller, 150 Mass. 69. Commonwealth v. Bingham, 158 Mass. 169. Within the scope of *521such an order is the probability that if one of the parties…
2Cases cited10 opinions
- Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1905
- Burt v. WigglesworthMassachusetts Supreme Judicial Court · 1875
- Lee v. TarplinMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. BinghamMassachusetts Supreme Judicial Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
- Horneman v. BrownMassachusetts Supreme Judicial Court · 1934
- Nolan v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Cobb, Bates & Yerxa Co. v. HillsMassachusetts Supreme Judicial Court · 1911
- Hyde v. City of Fall RiverMassachusetts Supreme Judicial Court · 1907