F. W. Stock & Sons v. Snell
Massachusetts Supreme Judicial Court
Contract, by a corporation, having a usual place of business in Boston, doing business as a miller and having its mills at Hills-dale in the State of Michigan, against a wholesale flour dealer engaged in business at Fall River.
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Contract, by a corporation, having a usual place of business in Boston, doing business as a miller and having its mills at Hills-dale in the State of Michigan, against a wholesale flour dealer engaged in business at Fall River. Writ dated May 12, 1911. The amended declaration was in three counts, which were as follows: “ Count 1. And plaintiff says that on October 2, 1909, the defendant gave to the plaintiff a written order for the sale and delivery by the plaintiff to the defendant, F. O. B. at Fall River, Massachusetts, of five carloads of ‘Milcota’ brand flour, manufactured by the…
1Opinion of the CourtSheldon, J.
The rulings asked for by the defendant numbered from three to thirteen inclusive should have been given. Not merely the first and second, but all the items in the account annexed to the third count of the plaintiff’s amended declaration *453were particulars of special damages claimed by the plaintiff for the breach by the defendant of the two written contracts set out in the first and second counts. As these contracts had not been performed and the title to some of the goods described had never become vested in the defendant, the plaintiff could not recover upon his present claims in an action…
2Cases cited8 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Hagar v. NortonMassachusetts Supreme Judicial Court · 1905
- Khron v. BrockMassachusetts Supreme Judicial Court · 1887
- Tufts v. BennettMassachusetts Supreme Judicial Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Northern Heel Corp. v. Compo Industries, Inc.Court of Appeals for the First Circuit · 1988
- Kelly v. Citizens Finance Co. of Lowell, Inc.Massachusetts Supreme Judicial Court · 1940
- Davis v. ArnoldMassachusetts Supreme Judicial Court · 1929
- Russell Miller Milling Co. v. BastaschOregon Supreme Court · 1914
- Egan v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1929
6 more not listed; retrieve them via the Exa API.