F. W. Stock & Sons v. Dellapenna
Massachusetts Supreme Judicial Court
Contbact by F. W. Stock and Sons, a corporation organized under the laws of Minnesota and engaged in business as a dealer in flour, against Joseph P. Dellapenna, a baker in Lynn, for the refusal of the defendant to accept and pay for two carloads of flour ordered from and shipped by the plaintiff, the writ being dated July 11, 1911; and Tort by the defendant in the first case against the plaintiff in that case for alleged unlawful arrest and malicious prosecution, the writ…
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Contbact by F. W. Stock and Sons, a corporation organized under the laws of Minnesota and engaged in business as a dealer in flour, against Joseph P. Dellapenna, a baker in Lynn, for the refusal of the defendant to accept and pay for two carloads of flour ordered from and shipped by the plaintiff, the writ being dated July 11, 1911; and Tort by the defendant in the first case against the plaintiff in that case for alleged unlawful arrest and malicious prosecution, the writ being dated December 28, 1911. In the Superior Court the cases were tried together before Keating, J. It was stated in…
1Opinion of the CourtBraley, J.
The defendant Dellapenna, while conceding in the first action that he had bought but had refused to accept and pay for the flour, relied in defense upon an accord, satisfaction and release under seal executed after the action had been brought. The validity of the release depended upon whether it had been delivered in settlement by one F. W. Stock, whose authority to bind the plaintiff is not questioned. But, when the terms of the compromise were settled, only Stock and the defendant were present, and their testimony as to the negotiations is irreconcilable. If the statements of Stock were…
2Cases cited9 opinions
- Boon v. F. M. Weathered's AdministratorTexas Supreme Court · 1859
- Frye v. President of the Bank ex rel. HardinIllinois Supreme Court · 1849
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3Cited by17 opinions
- Commonwealth v. DockhamMassachusetts Supreme Judicial Court · 1989
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- Commonwealth v. BinkiewiczMassachusetts Supreme Judicial Court · 1961
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