Parker v. Lewis J. Bird Co.
Massachusetts Supreme Judicial Court
Contract or tort, with a declaration in two counts, the first count alleging a failure of the defendant, a licensed auctioneer, to deliver to the plaintiff certain goods which he had sold to the plaintiff at a public auction, and the second count alleging a conversion of the same goods.
Read the full summary
Contract or tort, with a declaration in two counts, the first count alleging a failure of the defendant, a licensed auctioneer, to deliver to the plaintiff certain goods which he had sold to the plaintiff at a public auction, and the second count alleging a conversion of the same goods. Writ dated June 24, 1913. In Superior Court the case was tried before Bell, J. The defendant’s evidence tended to show, and the plaintiff introduced no evidence to contradict it, that a condition of the sale was the payment of a deposit at the time of the sale. There was no dispute that, at the sale, the…
1Opinion of the CourtRugg, C. J.
This case comes before us on a report of questions raised on a motion for a new trial. A verdict was returned for the defendant. Thereafter, the plaintiff filed a motion in due form that the verdict be set aside, as against the evidence, and the weight of the evidence, and for the further reason “That the verdict of the jury is against the law.” This motion came on for argument before the judge of the Superior Court who presided at the jury trial, and it was argued by the counsel for the plaintiff that “a new trial should be granted for the reasons set forth in the motion, and because the…
2Cases cited11 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Peirson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Plummer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- McKinley v. WarrenMassachusetts Supreme Judicial Court · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Pridgen v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1974
- Shafir v. SteeleMassachusetts Supreme Judicial Court · 2000
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
- Quincy Trust Co. v. TaylorMassachusetts Supreme Judicial Court · 1944
- Johnson v. CarrollMassachusetts Supreme Judicial Court · 1930
17 more not listed; retrieve them via the Exa API.