Miller v. Stevens
Massachusetts Supreme Judicial Court
Contract. Trial in this court, before Hoar, J., who made the following report: “ The plaintiff contracted to sell to the defendants 1000 barrels petroleum oil, in two contracts of 500 barrels each; each of which was in form as follows: ‘ Bought for account of Messrs.
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Contract. Trial in this court, before Hoar, J., who made the following report: “ The plaintiff contracted to sell to the defendants 1000 barrels petroleum oil, in two contracts of 500 barrels each; each of which was in form as follows: ‘ Bought for account of Messrs. Samuel Stevens & Co., Boston, from Daniel L. Miller, Jr., agent, Philadelphia, 500 barrels refined petroleum, fire test 110° or upwards, color prime light straw to white, at 38¿- cts. per gallon, in bond, to be delivered in bonded warehouse in Philadelphia. Order, prime shipping. Terms, cash on delivery; which delivery is to be…
1Opinion of the CourtGrav, J.
The written contract between the parties does not show whether the word “ barréis ” is used as describing a quan*522tity merely, or a vessel of a certain kind and capacity; for “ barrels” might mean either a quantity or a vessel; and if the vessels intended were of a uniform size, the fixing of the price by the gallon would be equally adapted to either. Parol evidence was therefore admissible to show in which sense the parties intended to use the word; and the presiding judge rightly admitted testimony that refined petroleum was often sold in barrels, and that the usual size of such barrels was…
2Cases cited1 opinion
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
3Cited by22 opinions
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
- Keller v. WebbMassachusetts Supreme Judicial Court · 1878
- Lang v. RickmersTexas Supreme Court · 1888
- Way v. GreerMassachusetts Supreme Judicial Court · 1907
- W. R. Grace & Co. v. National Wholesale Grocery Co.Massachusetts Supreme Judicial Court · 1925
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