National Machine & Tool Co. v. Standard Shoe Machinery Co.
Massachusetts Supreme Judicial Court
Contract by a corporation manufacturing machinery, especially shoe machinery, against a corporation selling shoe machinery, with two counts for work done and for work and materials, and a third count for damages from the defendant’s alleged breach of a contract under which the plaintiff agreed to manufacture for the defendant certain parts of a patented machine, called the Bay State Lock Stitch Machine, at prices amounting in all to $12,529.70. Writ dated May 31, 1900. In…
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Contract by a corporation manufacturing machinery, especially shoe machinery, against a corporation selling shoe machinery, with two counts for work done and for work and materials, and a third count for damages from the defendant’s alleged breach of a contract under which the plaintiff agreed to manufacture for the defendant certain parts of a patented machine, called the Bay State Lock Stitch Machine, at prices amounting in all to $12,529.70. Writ dated May 31, 1900. In the Superior Court the case was heard upon an auditor’s report by Mason, C. J. The judge found for the plaintiff in the…
1Opinion of the CourtHolmes, C. J.
This is an action of contract upon one or two small claims and for the breach of a contract made in March, 1900, by certain letters, in which the plaintiff undertook to manufacture certain portions of a patented machine, according to a schedule attached to the defendant’s order. This last is the main source of trouble. With regard to payment the plaintiff wrote: “If4you should favor us with an order for a considerable number of these parts, we, would bill them up to you as they were finished, and would merely ask that the bills be settled promptly as they came to you.” At a later stage of the…
2Cases cited14 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Daley v. People's Building, Loan & Saving Ass'nMassachusetts Supreme Judicial Court · 1901
- Worthington & Co. v. GwinSupreme Court of Alabama · 1898
- Harnden v. Milwaukee Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1895
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3Cited by33 opinions
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- Bucholz v. Green Bros. Co.Massachusetts Supreme Judicial Court · 1930
- Minot v. MinotMassachusetts Supreme Judicial Court · 1946
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- Westinghouse Broadcasting Co. v. New England Patriots Football Club, Inc.Massachusetts Appeals Court · 1980
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