W. T. Tilden Co. v. Densten Hair Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on April 17, 1913, seeking to enforce the specific performance of a contract, made on November 13, 1912, whereby the defendant was to sell to the plaintiff its “entire production of washed brown calf hair, standard as has been agreed between us,” for the year beginning January 1, 1913, at a certain price,' “all other terms and conditions same as contract now in force.” ' The suit was referred to Fred T. Field, Esquire, as…
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Bill in equity, filed in the Supreme Judicial Court on April 17, 1913, seeking to enforce the specific performance of a contract, made on November 13, 1912, whereby the defendant was to sell to the plaintiff its “entire production of washed brown calf hair, standard as has been agreed between us,” for the year beginning January 1, 1913, at a certain price,' “all other terms and conditions same as contract now in force.” ' The suit was referred to Fred T. Field, Esquire, as master. In his report the master made the following findings, among others: The words “contract now in force,” as used in…
1Opinion of the CourtBraley, J.
The defendant excepted to the master’s report because of his general conclusion from facts previously found, that it had violated the contract. But the exceptions are not well founded. It was still a question of fact even if deducible from other facts which could be properly treated as evidence on the principal issue, whether the defendant had failed in performance. Jones v. Keen, 115 Mass. 170, 181. Perry v. Pye, 215 Mass. 403.
No exceptions having been saved by the plaintiff, the question for decision is whether upon the report and supplemental report the bill can be maintained.
The plaintiff…
2Cases cited9 opinions
- Topliff v. TopliffSupreme Court of the United States · 1887
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Perry v. PyeMassachusetts Supreme Judicial Court · 1913
- Jones v. KeenMassachusetts Supreme Judicial Court · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- New York Central Railroad v. StonemanMassachusetts Supreme Judicial Court · 1919
- Edinburg v. Allen-Squire Co.Massachusetts Supreme Judicial Court · 1938
- Druker v. DrukerMassachusetts Supreme Judicial Court · 1929
- Suburban Land Co. v. BrownMassachusetts Supreme Judicial Court · 1921
- Dobias v. FaldynMassachusetts Supreme Judicial Court · 1931
3 more not listed; retrieve them via the Exa API.