Fullam v. Wright & Colton Wire Cloth Co.
Massachusetts Supreme Judicial Court
Contract for a balance of the purchase price of wood alleged to have been sold to the defendant by the plaintiff. Writ in the Superior Court for the county of Worcester dated March 18, 1904. The case was tried before Brown, J., without a jury, and the only evidence was the report of an auditor.
Read the full summary
Contract for a balance of the purchase price of wood alleged to have been sold to the defendant by the plaintiff. Writ in the Superior Court for the county of Worcester dated March 18, 1904. The case was tried before Brown, J., without a jury, and the only evidence was the report of an auditor. The letter of the defendant to the plaintiffs ordering the wood, which was written under the circumstances stated in the opinion, was dated September 30 and read as follows: “ Please enter order for the following goods, for shipment as follows: 900 cords of dry wood largely chestnut, some hard wood,…
1Opinion of the CourtBraley, J.
If the defendant had the right to repudiate its purchase because the wood tendered. did not correspond with the description under which it was sold, the judgment in its favor must be affirmed.
The sale was of the whole quantity, at an agreed price, and hence constituted but one indivisible bargain, although the delivery was to be by car loads until all had been delivered, instead of in bulk. Miner v. Bradley, 22 Pick. 457. Clark v. Baker, 5 Met. 452. Young & Conant Manuf. Co. v. Wakefield, 121 Mass. 91. Roosevelt v. Doherty, 129 Mass. 301. Barrie v. Earle, 143 Mass. 1. Stewart v. Thayer, 168…
2Cases cited22 opinions
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Filley v. PopeSupreme Court of the United States · 1885
- Wooten v. . WaltersSupreme Court of North Carolina · 1892
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Keller v. WebbMassachusetts Supreme Judicial Court · 1878
17 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Carlo Bianchi & Co. v. Builders' Equipment & Supplies Co.Massachusetts Supreme Judicial Court · 1964
- Jennings v. PufferMassachusetts Supreme Judicial Court · 1909
- Learned v. HamburgerMassachusetts Supreme Judicial Court · 1923
28 more not listed; retrieve them via the Exa API.