Mark v. Stuart-Howland Co.
Massachusetts Supreme Judicial Court
Cross actions of contract, which are described in the opinion, the first brought by Cyrus Mark, Clayton Mark and Anson Mark, copartners doing business in Chicago in the State of Illinois under the name Mark Manufacturing Company, against the Stuart-Howland Company, a corporation organized under the laws of the State of Maine and having its usual place of business in Boston; and the second action by the defendant in the first action against the plaintiffs in that action.
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Cross actions of contract, which are described in the opinion, the first brought by Cyrus Mark, Clayton Mark and Anson Mark, copartners doing business in Chicago in the State of Illinois under the name Mark Manufacturing Company, against the Stuart-Howland Company, a corporation organized under the laws of the State of Maine and having its usual place of business in Boston; and the second action by the defendant in the first action against the plaintiffs in that action. Writs dated respectively May 10, 1909, and January 22, 1912. In the Superior Court the cases were tried together before…
1Opinion of the CourtRugg, C. J.
The action of Mark and others, who hereafter will be called the plaintiffs, was brought first. The declaration is in two counts, the first to recover damages for breach of a written contract dated May 25, 1908, and the second upon an account for goods sold and delivered to the Stuart-Howland Company, who will hereafter be called the defendant. The defendant answered, pleading first, a general denial, and second, in recoupment, that, although the defendant had complied with the terms of the contract of May 25, yet the plaintiffs on December 12, 1908, had violated the terms of that contract by…
2Cases cited25 opinions
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Sipley v. StickneyMassachusetts Supreme Judicial Court · 1906
- Plummer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- Barlow Manufacturing Co. v. StoneMassachusetts Supreme Judicial Court · 1908
20 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Simons v. American Dry Ginger Ale Co. Inc.Massachusetts Supreme Judicial Court · 1957
- Brown v. FraleyCourt of Appeals of Maryland · 1960
- Watkins v. Simplex Time Recorder Co.Massachusetts Supreme Judicial Court · 1944
- Zelinger v. Uvalde Rock Asphalt Co.Court of Appeals for the Tenth Circuit · 1963
- Glazer v. SchwartzMassachusetts Supreme Judicial Court · 1931
38 more not listed; retrieve them via the Exa API.