Waltham Truck Equipment Corp. v. Massachusetts Equipment Co.

Waltham Truck Equipment Corp. (Waltham) brought this action for damages arising from Massachusetts Equipment Company’s (Equipment) alleged breach of a contract for the purchase and sale of twelve used school buses. The case was tried before a jury, which returned a verdict for Waltham. From the ensuing judgment, Equipment appeals. It argues that a verdict in its favor should have been directed on the basis of the Statute of Frauds or the third-party beneficiary rule of Mellen v. Whipple, Gray 317, 321 (1854), and that the judge erred in refusing to give certain jury instructions on the above…