Peck v. Waters
Massachusetts Supreme Judicial Court
Contract. Writ dated March 15, 1869. The declaration contained two counts, the first of which was as follows: “ And the plaintiff says that in March 1868 he bought of the defendants two hundred barrels of whi&rey, and agreed to pay therefor at the rate of $1.40 per gallon for one hundred barrels of the same, and $1.45 per gallon for the remaining one hundred barrels ; and in consideration thereof the defendants sold said two hundred barrels at said prices to the plaintiff,…
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Contract. Writ dated March 15, 1869. The declaration contained two counts, the first of which was as follows: “ And the plaintiff says that in March 1868 he bought of the defendants two hundred barrels of whi&rey, and agreed to pay therefor at the rate of $1.40 per gallon for one hundred barrels of the same, and $1.45 per gallon for the remaining one hundred barrels ; and in consideration thereof the defendants sold said two hundred barrels at said prices to the plaintiff, and agreed to deliver the same to the plaintiff in April and May 1868; and the defendants, in pursuance of the agreement,…
1Opinion of the CourtWells, J.
The difficulty in this case is to ascertain with precision what questions are raised by the bill of exceptions. At the close of the plaintiff’s testimony in chief, the defendants “ insisted, and requested the court to rule, that there was a fatal variance between the declaration and the proof.” They except to the refusal of the court so to rule. It does not appear in what particular the variance is alleged to exist; nor that any particular variance was pointed out in the court below. The testimony of the plaintiff, touching any supposed point of variance, is not given minutely, nor…
2Cited by9 opinions
- Grayson v. LynchSupreme Court of the United States · 1896
- Lemay v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Whitney v. HoughtonMassachusetts Supreme Judicial Court · 1879
- Fay v. WalshMassachusetts Supreme Judicial Court · 1906
- Campbell & Zell Co. v. Barr Pumping Engine Co.Massachusetts Supreme Judicial Court · 1902
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