Legal Opinion
Whitty Manufacturing Co. v. Clark
Massachusetts Supreme Judicial Court
Decided March 3, 1932PublishedCited by 15 opinions
1Opinion of the CourtCrosby, J.
This is an action of contract to recover a balance of $700, with interest, due under the terms of a written contract for the sale by the plaintiff to the defendant of a “#10 Whitty Automatic Coal Burner.” The defendant filed a declaration in set-off seeking to recover from the plaintiff the amount paid by him on account of the purchase price of the boiler on the ground that he had rescinded the contract. The jury found for the plaintiff both for the amount claimed to be due and on the defendant’s claim of set-off.
At the trial the article sold was referred to by witnesses as a “burner” and was…
2Cases cited14 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Weiner v. D. A. Schulte, Inc.Massachusetts Supreme Judicial Court · 1931
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
- Colonial Development Corp. v. BragdonMassachusetts Supreme Judicial Court · 1914
- Ireland v. Louis K. Liggett Co.Massachusetts Supreme Judicial Court · 1922
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- State Street Trust Co. v. HallMassachusetts Supreme Judicial Court · 1942
- Freeman v. SieveMassachusetts Supreme Judicial Court · 1949
- Botti v. Venice Grocery Co.Massachusetts Supreme Judicial Court · 1941
- New England Foundation Co. v. Elliott & Watrous, Inc.Massachusetts Supreme Judicial Court · 1940
10 more not listed; retrieve them via the Exa API.