John Hetherington & Sons, Ltd. v. William Firth Co.
Massachusetts Supreme Judicial Court
Contract for breach of " 7, 1900, and to continue for a contract in waiting, dated March five years, which established terms under which the defendant alone should sell exclusively certain machinery of the plaintiff in the United States and Canada, and which was alleged to have been modified by an offer of the plaintiff in writing accepted by the defendant orally as hereinafter described, the breach of the contract relied on being that in August, 1900, the defendant ceased…
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Contract for breach of " 7, 1900, and to continue for a contract in waiting, dated March five years, which established terms under which the defendant alone should sell exclusively certain machinery of the plaintiff in the United States and Canada, and which was alleged to have been modified by an offer of the plaintiff in writing accepted by the defendant orally as hereinafter described, the breach of the contract relied on being that in August, 1900, the defendant ceased to sell machinery of the plaintiff and began selling that of another manufacturer. Writ dated November 15,1901. The case…
1Opinion of the CourtRugg, J.
1. A question of practice as to trials at law before a judge sitting without a jury lies at the threshold. The defendant seasonably presented requests for rulings. It is said in the exceptions that “ these requests though not expressly passed on by the court are to be treated as refused, the defendant having duly reserved its exceptions, it being understood, however, that the facts assumed or hypothetically stated in these requests are to be taken as true only in so far as sustained by the evidence herein contained and referred to.” We interpret this as meaning that the requests were refused.…
2Cases cited26 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Insurance Co. v. FolsomSupreme Court of the United States · 1874
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
21 more not listed; retrieve them via the Exa API.
3Cited by271 opinions
- Anthony's Pier Four, Inc. v. HBC ASSOCIATESMassachusetts Supreme Judicial Court · 1991
- Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
- Bresnick v. HeathMassachusetts Supreme Judicial Court · 1935
- Simon v. SolomonMassachusetts Supreme Judicial Court · 1982
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
266 more not listed; retrieve them via the Exa API.