Collins v. Delaporte
Massachusetts Supreme Judicial Court
Contract, alleging an agreement on the part of the plaintiff to sell certain lumber to the defendants, and an agreement on their part to purchase the same, delivery of the lumber to the defendants and a refusal by them to receive the same. There was also a count for goods sold and delivered.
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Contract, alleging an agreement on the part of the plaintiff to sell certain lumber to the defendants, and an agreement on their part to purchase the same, delivery of the lumber to the defendants and a refusal by them to receive the same. There was also a count for goods sold and delivered. The plaintiff subsequently filed an amended declaration alleging a contract as before, part performance on his part, and an abandonment of the contract by the defendants before the expiration of the time fixed by the contract for delivery. At the trial in the Superior Court, before Putnam, J., without a…
1Opinion of the CourtColt, J.
The plaintiff, in his first count, claims the agreed price of a quantity of lumber, which he says he delivered to the defendants and they refused to take. He adds a second count upon an account annexed for the price of the same lumber, and „ an amended declaration contains a count upon a written contract, with an allegation which, favorably interpreted, states the plaintiff’s offer to deliver the lumber contracted for and the refusal of the defendants to receive it.
It is not important to fix, if we could, the precise ground upon which the plaintiff at the trial sought to recover the contract…
2Cases cited2 opinions
- W. R. Danforth & Co. v. WalkerSupreme Court of Vermont · 1864
- Allen v. JarvisSupreme Court of Connecticut · 1849
3Cited by27 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Kadish v. YoungIllinois Supreme Court · 1883
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- Gibbons v. BenteSupreme Court of Minnesota · 1892
- Earnshaw v. WhittemoreMassachusetts Supreme Judicial Court · 1907
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