Barrie v. Quinby
Massachusetts Supreme Judicial Court
Coxtbact by the members of a firm of publishers against the members of a firm of booksellers to recover damages for an alleged breach of contract in failing to accept certain books alleged to have been delivered under an agreement in writing dated February 20, 1900, whereby the defendants agreed to purchase from the plaintiffs two hundred sets of the $3.50 edition of George Sand; with a second count in which the plaintiffs sought to recover the contract price of the books…
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Coxtbact by the members of a firm of publishers against the members of a firm of booksellers to recover damages for an alleged breach of contract in failing to accept certain books alleged to have been delivered under an agreement in writing dated February 20, 1900, whereby the defendants agreed to purchase from the plaintiffs two hundred sets of the $3.50 edition of George Sand; with a second count in which the plaintiffs sought to recover the contract price of the books delivered. Writ dated June 18, 1903. • The answer, as amended, contained, first, a general denial; second, alleged that…
1Opinion of the CourtBraley, J.
We have carefully read the instructions, and are unable to adopt the defendants’ interpretation, that the judge expressed an opinion upon the credibility of the witnesses. Whitney v. Wellesley & Boston Street Railway, 197 Mass. 495, 503, and cases cited.
The remaining exceptions so far as urged in argument have been confined to the admission and exclusion of evidence, and to the refusal of the rulings requested as to the nature and extent of the defendants’ liability.
It being plain there was evidence for the jury that the signature of the firm bound the copartnership, the defendants offered to…
2Cases cited56 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Robinson v. United StatesSupreme Court of the United States · 1872
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3Cited by65 opinions
- DiMarzo v. American Mutual InsuranceMassachusetts Supreme Judicial Court · 1983
- Den Norske Bank As v. First Nat'L of BostCourt of Appeals for the First Circuit · 1996
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Commonwealth v. MillyanMassachusetts Supreme Judicial Court · 1987
- International Textbook Co. v. MartinMassachusetts Supreme Judicial Court · 1915
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