Smith v. Aldrich
Massachusetts Supreme Judicial Court
Contract, with one count for goods sold and delivered and another on an account annexed, both alleged to be for the same cause of action. Writ in the Municipal Court of the city of Boston dated January 15,1896. On appeal to the Superior Court, the case was tried before Hardy, J., without a jury. The plaintiffs put in an auditor’s report in which the auditor found adversely to the defendant, and rested their case.
Read the full summary
Contract, with one count for goods sold and delivered and another on an account annexed, both alleged to be for the same cause of action. Writ in the Municipal Court of the city of Boston dated January 15,1896. On appeal to the Superior Court, the case was tried before Hardy, J., without a jury. The plaintiffs put in an auditor’s report in which the auditor found adversely to the defendant, and rested their case. The defence consisted of the testimony of the defendant and two other witnesses. It appeared that the defendant went to the plaintiffs’ shop and selected, at agreed prices, a…
1Opinion of the CourtLathrop, J.
The auditor in this case found that the description of the goods, the prices for the same, and the charges for interest as contained in the account annexed to the plaintiffs’ declaration, were the goods the defendant purchased of the plaintiffs and the prices and the interest she agreed to pay for and on account of them. The auditor’s report was evidence in the case, and it was supported by the testimony of the plaintiffs’ salesman. The first request for a ruling was therefore properly refused.
The second request was also properly refused. By the terms of the contract the defendant had agreed…
2Cases cited3 opinions
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
- McCarthy v. HendersonMassachusetts Supreme Judicial Court · 1885
3Cited by10 opinions
- Frisch v. WellsMassachusetts Supreme Judicial Court · 1909
- Downey v. Bay State Street RailwayMassachusetts Supreme Judicial Court · 1916
- Hurnanen v. NicksaMassachusetts Supreme Judicial Court · 1917
- Knudson v. General Motorcycle Sales Co.Massachusetts Supreme Judicial Court · 1918
- LaValley v. RavennaSupreme Court of Vermont · 1905
5 more not listed; retrieve them via the Exa API.