Freeman v. Hedrington
Massachusetts Supreme Judicial Court
Contract for the price of horses sold and delivered. Writ dated March 27, 1908. The answer was a general denial. In the Superior Court the case was tried before White, J., who at the close of the plaintiff’s testimony ruled that the evidence showed that the action had been brought prematurely, and upon that ground ordered a verdict for the defendant.
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Contract for the price of horses sold and delivered. Writ dated March 27, 1908. The answer was a general denial. In the Superior Court the case was tried before White, J., who at the close of the plaintiff’s testimony ruled that the evidence showed that the action had been brought prematurely, and upon that ground ordered a verdict for the defendant. At the request of the plaintiff and with, the consent of the defendant, the judge reported the case for determination by this court. If the ruling of the judge was right, the plaintiff was to become nonsuit; if his ruling was wrong, judgment was…
1Opinion of the CourtRugg, J.
This is an action to recover the price of horses sold and delivered by the plaintiffs to the defendant. In the Superior Court a verdict was directed for the defendant, on the ground that the action was prematurely brought. The writ was dated and an attachment made on March 27, 1908.
The only evidence came from one of the plaintiffs, who testified respecting the term of credit, that the defendant said, when purchasing the horses, which was on March 18 or 19 and on March 23, that at the first of the coming month he would pay, and that the witness was willing to wait until then. On redirect…
2Cases cited3 opinions
- Davison v. Von LingenSupreme Court of the United States · 1885
- Waterhouse v. LevineMassachusetts Supreme Judicial Court · 1903
- Wilder v. ColbyMassachusetts Supreme Judicial Court · 1883
3Cited by12 opinions
- Muir Brothers Co. v. Sawyer Construction Co.Massachusetts Supreme Judicial Court · 1952
- Safford v. City of LowellMassachusetts Supreme Judicial Court · 1926
- Hamilton Manufacturing Co. v. City of LowellMassachusetts Supreme Judicial Court · 1931
- National Wholesale Grocery Co. v. MannMassachusetts Supreme Judicial Court · 1925
- Ovans v. CastrucciMassachusetts Supreme Judicial Court · 1929
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