National Contracting Co. v. Vulcanite Portland Cement Co.
Massachusetts Supreme Judicial Court
Two actions of contract by the respective parties to an agreement in writing printed below, for alleged breaches of that contract. Writs dated respectively August 20 and September 19,1902. The agreement in writing was as follows: “Boston, Nov. 7,1901. “ The National Contracting Co., “70 Kilby St., Boston.
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Two actions of contract by the respective parties to an agreement in writing printed below, for alleged breaches of that contract. Writs dated respectively August 20 and September 19,1902. The agreement in writing was as follows: “Boston, Nov. 7,1901. “ The National Contracting Co., “70 Kilby St., Boston. “ Dear Sirs : — “The undersigned, the Vulcanite Portland Cement Co., hereby offer to furnish you, F. O. B. cars at Quincy, Mass., and at East Milton, Mass., all of the Portland cement which 'you may require for building Sections 52, 53 and 54 of the High Level Sewer, Boston, for $1.50 per…
1Opinion of the CourtKnowlton, C. J.
The first of these cases is an action brought to recover damages for a "refusal of the defendant to furnish to the plaintiff a quantity of Portland cement according to the terms of a contract in writing made by the parties. The second is an action by the defendant in the first action to recover from the plaintiff in that action the price of cement delivered under this contract. The cases were heard before an auditor who found for the plaintiff in the first action, whom we will hereinafter call the plaintiff, and he allowed, in diminution of the plaintiff’s claim, the amount due for cement…
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