Hopcraft v. Kittredge
Massachusetts Supreme Judicial Court
Contract, by the plaintiff, who was a manufacturer of advertising show cards in New York, against the defendants, who were wholesale dealers in cigars in Boston, to recover damages for the refusal to order, receive, and pay for one hundred thousand advertising cards.
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Contract, by the plaintiff, who was a manufacturer of advertising show cards in New York, against the defendants, who were wholesale dealers in cigars in Boston, to recover damages for the refusal to order, receive, and pay for one hundred thousand advertising cards. At the trial in the Superior Court, before Bond, J., there was evidence tending to show that the cards were of two kinds, called respectively Golden Cloud and Council Brand, upon each of which there was a sketch or picture, the names of the two brands of cigars, Golden Cloud and Council Brand, and the prices of the cigars, and…
1Opinion of the CourtMorton, J.
Most of the exceptions that were taken to the refusal of the presiding justice to instruct the jury as requested by the defendants have not been argued by them, and we therefore treat them as waived. Of the others it may be said generally that they dealt with partial views of the testimony, and were properly refused. The third and fourth requests assumed that the defendants were not liable if the correspondence did not contain a sufficient approval by them, or if the jury could not find in the conversation evidence that they had approved the *12two thousand cards. But it was for the jury to…
2Cases cited10 opinions
- Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
- Hammond v. WadhamsMassachusetts Supreme Judicial Court · 1809
- Durant v. BurtMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. QuinnMassachusetts Supreme Judicial Court · 1890
- Duryee v. DennisonNew York Supreme Court · 1810
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- DeLuca v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1942
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Leyson v. DavisMontana Supreme Court · 1895
- Mitchell v. MitchellMassachusetts Appeals Court · 2005
3 more not listed; retrieve them via the Exa API.