Borden v. Fine
Massachusetts Supreme Judicial Court
Contract for $223.84 on an alleged special promise of the defendants to reimburse the plaintiff for his loss on the sale of certain cotton sweepings purchased by sample by the plaintiff from the defendants. Writ in the Municipal Court of the City of Boston dated July 6, 1910. On appeal to the Superior Court the case was tried before Bell, J., without a jury. The facts in favor of the plaintiff which could have been found upon the evidence are stated in the opinion.
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Contract for $223.84 on an alleged special promise of the defendants to reimburse the plaintiff for his loss on the sale of certain cotton sweepings purchased by sample by the plaintiff from the defendants. Writ in the Municipal Court of the City of Boston dated July 6, 1910. On appeal to the Superior Court the case was tried before Bell, J., without a jury. The facts in favor of the plaintiff which could have been found upon the evidence are stated in the opinion. The defendants asked the judge to make the following rulings: “1. That the sale set forth and contained in the plaintiff’s…
1Opinion of the CourtBraley, J.
The contract for the purchase of the cotton sweepings being oral, its terms are to be ascertained from the evidence, which would have warranted the judge, before whom the case was tried without a jury, in finding that the sale had been consummated upon the representations of the defendants that the goods in bulk to be delivered in the future should be like the sample exhibited. Atwater v. Clancy, 107 Mass. 369. And there would be a breach of the implied warranty, entitling the plaintiff to rescind upon reasonable notice to the defendants if the four shipments in question fell below the…
2Cases cited11 opinions
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Blount v. WheelerMassachusetts Supreme Judicial Court · 1908
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- Grinnell v. SpinkMassachusetts Supreme Judicial Court · 1879
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- Gascoigne v. Cary Brick Co.Massachusetts Supreme Judicial Court · 1914
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