St. John Brothers Co. v. Falkson
Massachusetts Supreme Judicial Court
Contract upon an account annexed to recover $281.50, the purchase price of goods alleged to have been sold and delivered by the plaintiff to the defendant. Writ dated June 22, 1918. In the Superior Court the case was tried before McLaughlin, J. The material evidence is described in the opinion. At the close of the evidence, the plaintiff moved that a verdict be ordered for the plaintiff.
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Contract upon an account annexed to recover $281.50, the purchase price of goods alleged to have been sold and delivered by the plaintiff to the defendant. Writ dated June 22, 1918. In the Superior Court the case was tried before McLaughlin, J. The material evidence is described in the opinion. At the close of the evidence, the plaintiff moved that a verdict be ordered for the plaintiff. The judge denied this motion and submitted the case to the jury, who returned a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtRugg, C. J.
This is an action of contract to recover the price of merchandise alleged to have been sold and delivered by the plaintiff to the defendant. There was uncontradicted evidence tending to show that the plaintiff, a corporation doing business in the city of New York, prior to March 20, 1918, received an order from the defendant for merchandise at a stated price, — *401“Terms net 10 days, to be shipped by freight via the Metropolitan Line;” that it properly packed, addressed and shipped the merchandise to the defendant on or about March 20, 1918, by the New England Steamship Company and that the…
2Cases cited15 opinions
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