Stephenson v. Cady
Massachusetts Supreme Judicial Court
Contract for non-delivery of yarn under the following agreements in writing, each of which was signed “ Greystone Mills, Zebulon Whipple, Agent.” “ Boston, October 23,1871. Sold Stephenson & Co., Agents, three thousand pounds 121 yarn at 311 cents per lb. Cash on delivery. Also, two thousand pounds 12^ yarn at 31^- cents per lb., cash on delivery, deliverable at my option or not, as I think best.
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Contract for non-delivery of yarn under the following agreements in writing, each of which was signed “ Greystone Mills, Zebulon Whipple, Agent.” “ Boston, October 23,1871. Sold Stephenson & Co., Agents, three thousand pounds 121 yarn at 311 cents per lb. Cash on delivery. Also, two thousand pounds 12^ yarn at 31^- cents per lb., cash on delivery, deliverable at my option or not, as I think best. Yarn to be same quality and twist as sold them heretofore, to be delivered on cars at Providence as before.” “ Boston, November 14,1871. Sold Stephenson & Co.,-Agents, five thousand pounds No. 121…
1Opinion of the CourtColt, J.
This is an action to recover damages for the defendant’s refusal to perform the contracts declared on. The defence is that the plaintiff himself failed to perform his part of the agreements.
The three contracts were made on three different days, for the delivery of given quantities of yarn at a price named to be paid for on delivery. Part deliveries were made from time to time under the first and last contracts, and all these deliveries except *9the last were paid for at the time. By the terms of the second contract the deliveries under it were to commence when the quantity required by the first…
2Cases cited1 opinion
- Star Glass Co. v. MoreyMassachusetts Supreme Judicial Court · 1871
3Cited by29 opinions
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- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
- National Machine & Tool Co. v. Standard Shoe Machinery Co.Massachusetts Supreme Judicial Court · 1902
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
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