Smith v. Milton
Massachusetts Supreme Judicial Court
Contract. The declaration contained seven counts, to which the defendants demurred. The Superior Court sustained the demurrer, and ordered judgment for the defendants; and the plaintiffs appealed to this court. The allegations of the declaration and grounds of' demurrer, so far as material to the points decided, appear in, the opinion.
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Contract. The declaration contained seven counts, to which the defendants demurred. The Superior Court sustained the demurrer, and ordered judgment for the defendants; and the plaintiffs appealed to this court. The allegations of the declaration and grounds of' demurrer, so far as material to the points decided, appear in, the opinion. The ease was argued at the bar in March 1881, by C. T. Russell W. A. Whiting, for the plaintiffs, and by T. P. Proctor & H. S. Milton, for the defendants; and reargued in March 1882, by C. T. Russell & W. E. Russell, for the plaintiffs, and by Proctor (Milton…
1Opinion of the CourtC. Allen, J.
It is not necessary to consider in detail all the causes of demurrer specified.
1. The consideration which is alleged in the first four counts is, “ that the plaintiffs would so furnish and sell to said Webber said lumber and materials,” with the allegation that the plaintiffs did sell and deliver to said Webber the said lumber and materials. There is an introductory averment that Webber had a contract with a building committee to build a schoolhouse, and applied to the plaintiffs to furnish lumber and materials to be used for said schoolhouse in performance of said contract, and the…
2Cases cited3 opinions
- Swan v. LittlefieldMassachusetts Supreme Judicial Court · 1850
- Tombeckbee Bank v. DumellU.S. Circuit Court for the District of Rhode Island · 1828
- Worthington v. HoughtonMassachusetts Supreme Judicial Court · 1872
3Cited by1 opinion
- Wood Manufacturing & Realty Co. v. JohnstoneAppellate Division of the Supreme Court of the State of New York · 1912