Russell v. O'Brien
Massachusetts Supreme Judicial Court
Replevin of goods attached by the defendant as the property of Wing & Evans, and claimed by the plaintiffs under a sale by them. Trial in the Superior Court before Dewey, J., who reported to this court the case stated in the opinion.
1Opinion of the CourtGray, C. J.
By the contract of sale * Wing & Evans agree to sell, and the plaintiffs agree to buy, about seven hundred and twenty tons of good merchantable bleaching powder, of which about sixty tons are to be shipped from England to Boston during each month of the year 1876, and each shipment to be considered and treated as a separate sale or contract. The price is fixed at one and seven-eighths cents cash in gold per pound, when landed. The sellers reserve the right to have the goods retested by a certain standard; if any parcel, so retested, proves to be under thirty-two and not under thirty per cent,…
2Cited by5 opinions
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
- J. K. Gill & Co. v. FrankOregon Supreme Court · 1885
- Morrison v. OiumNorth Dakota Supreme Court · 1892
- Keller v. PaineNew York Supreme Court · 1884