Specialty Glass Co. v. Daley
Massachusetts Supreme Judicial Court
Conte ACT, for goods sold and delivered. Trial in the Superior Court, without a jury, before Dewey, J., who found for the plaintiff, and, at the request of the parties, reported the case for the consideration of this court.
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Conte ACT, for goods sold and delivered. Trial in the Superior Court, without a jury, before Dewey, J., who found for the plaintiff, and, at the request of the parties, reported the case for the consideration of this court. If there was evidence to warrant a finding for the defendant, judgment was to be entered for him; otherwise, judgment was to be entered for the plaintiff for forty-three dollars and fifty cents, and interest from February 18, 1896, that being the date when the goods were sold and delivered. The facts appear in the opinion.
1Opinion of the Court
. Knowlton, J.
The defendant owed the plaintiff forty-eight dollars and thirty-three cents for goods sold and delivered. On receipt of a bill demanding payment, he referred the matter to his attorney, who wrote the plaintiff a letter purporting to be written by him as the attorney of the defendant, offering to pay ten per cent of the. debt in full settlement. This offer the *461plaintiff refused by letter, and in a later letter, directed to the “ Assignee of M. R. Dailey,” sent the account with proof of the indebtedness. This account the defendant’s attorney returned in a letter, the last sentence…
2Cases cited3 opinions
- Tompkins v. HillMassachusetts Supreme Judicial Court · 1887
- Slade v. MutrieMassachusetts Supreme Judicial Court · 1892
- Lathrop v. PageMassachusetts Supreme Judicial Court · 1880
3Cited by16 opinions
- Millett v. TempleMassachusetts Supreme Judicial Court · 1932
- Barnett v. RosenMassachusetts Supreme Judicial Court · 1920
- Cadillac Automobile Co. of Boston v. EngeianMassachusetts Supreme Judicial Court · 1959
- Boston Supply Co. v. RubinMassachusetts Supreme Judicial Court · 1913
- Morecraft v. AllenSupreme Court of New Jersey · 1910
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