Martin v. James Cunningham, Son & Co.
Massachusetts Supreme Judicial Court
Contract for $500 paid by the plaintiffs under a contract in writing for the purchase of a motor hearse. Writ in the Municipal Court of the City of Boston dated February 6, 1918. The declaration was in two counts; the first count being for money had and received to the use of the plaintiffs, and the second count alleging that the plaintiffs and the defendant entered into a written contract, a copy of which was annexed to the declaration, for the purchase' of a motor hearse;…
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Contract for $500 paid by the plaintiffs under a contract in writing for the purchase of a motor hearse. Writ in the Municipal Court of the City of Boston dated February 6, 1918. The declaration was in two counts; the first count being for money had and received to the use of the plaintiffs, and the second count alleging that the plaintiffs and the defendant entered into a written contract, a copy of which was annexed to the declaration, for the purchase' of a motor hearse; that the plaintiffs paid the defendant $500 pursuant to the contract, but that the defendant did not deliver the hearse…
1Opinion of the CourtB raley, J.
The evidence is not reported and, the questions of fact on which the first, second and third requests are predicated having been decided adversely to the defendant, nothing remained but the assessment of damages, the measure of which as presented by the fourth request is the only question raised on the record.
The plaintiffs having advanced $500, which is the amount awarded by the trial judge, contend, that the decision of the Appellate Division, that only $250 could be recovered, should be reversed. The defendant is the vendor, and, because of its material failure in performance, the…
2Cases cited9 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Bishop v. EatonMassachusetts Supreme Judicial Court · 1894
- Ballou v. BillingsMassachusetts Supreme Judicial Court · 1884
- International Textbook Co. v. MartinMassachusetts Supreme Judicial Court · 1915
- Earnshaw v. WhittemoreMassachusetts Supreme Judicial Court · 1907
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3Cited by7 opinions
- Cohen v. BaillyMassachusetts Supreme Judicial Court · 1929
- Cohen v. WintmanMassachusetts Supreme Judicial Court · 1920
- Harvey v. CrookerMassachusetts Supreme Judicial Court · 1929
- Gordon v. Southgate Park Corp.Massachusetts Supreme Judicial Court · 1960
- Orebaugh v. BadgerMassachusetts Supreme Judicial Court · 1932
2 more not listed; retrieve them via the Exa API.