Baylies v. Fettyplace
Massachusetts Supreme Judicial Court
The declaration, which was in case, contained three counts. The first was a general indebitatus assumpsit for sugar sold and delivered.
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The declaration, which was in case, contained three counts. The first was a general indebitatus assumpsit for sugar sold and delivered. The second count alleged that the defendants, at Boston, on the 9tfi day of December, 1807, in consideration that the plaintiffs had, on that day, sold and delivered to them ninety-two boxes of white sugar, and ninety-eight boxes of brown sugar, at their special request, promised to pay them therefor the sum of 2965 dollars 34J cents in three months, and another sum of 2965 dollars 34J cents in four months, and to deliver to them, within a reasonable time,…
1Opinion of the Court
The cause stood over to this term for advisement; and now the following opinions were delivered : —
Sewall, J.
Two questions have arisen in this cause. 1. Whether the evidence offered at the trial maintained the allegations of the third count, upon which a verdict has been found for the defendant; and, 2. Whether the plea in bar to the second count is a sufficient justification, either by excusing the defendants from the performance of their promise, or to the effect of showing that there had been no breach of it when this action was brought.
In the third count, upon which the verdict has been…
Also in this document: Per curiam.
2Cited by32 opinions
- Macon & Birmingham Railroad v. GibsonSupreme Court of Georgia · 1890
- Takahashi v. Pepper Tank & Contracting Co.Wyoming Supreme Court · 1942
- Adler v. MilesAppellate Terms of the Supreme Court of New York · 1910
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- Baetjer v. New England Alcohol Co.Massachusetts Supreme Judicial Court · 1946
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