American Electrical Works v. New England Electric Railroad Construction Co.
Massachusetts Supreme Judicial Court
Contract for a balance of purchase money alleged to be due for wire sold by the pound. Writ dated April 2, 1901. At the trial in the Superior Court before DeQourcy, J., the defendant admitted the receipt' of the wire specified in the declaration and put in evidence a contract in writing between it and a corporation called the Bibber-White Company, for the delivery of certain wire at the defendant’s option, the amount to be delivered being stated in miles and feet and the…
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Contract for a balance of purchase money alleged to be due for wire sold by the pound. Writ dated April 2, 1901. At the trial in the Superior Court before DeQourcy, J., the defendant admitted the receipt' of the wire specified in the declaration and put in evidence a contract in writing between it and a corporation called the Bibber-White Company, for the delivery of certain wire at the defendant’s option, the amount to be delivered being stated in miles and feet and the price to be paid being by the pound. The jury returned a verdict for the plaintiff in the sum of $703.29; and the defendant…
1Opinion of the CourtLoring, J.
[After a statement of the case incorporated above.] 1. The first ground on which the defendant now contends that the evidence did not warrant a verdict for the plaintiff is that there was no evidence that the Bibber-White Company ever had assigned the written contract to the plaintiff. But this is not necessary. The evidence and especially the correspondence warranted a finding that the plaintiff and the defendant had entered into an oral agreement on the terms of the written contract between the Bibber-White Company and the defendant,, as in Plunger Elevator Co. v. Day, 184 Mass. 130.
2. The…
2Cases cited4 opinions
- O'Connell v. DowMassachusetts Supreme Judicial Court · 1903
- Fox v. City of ChelseaMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1889
- Plunger Elevator Co. v. DayMassachusetts Supreme Judicial Court · 1903
3Cited by2 opinions
- Moors v. BirdMassachusetts Supreme Judicial Court · 1906
- Townsend v. PoynterSupreme Court of Delaware · 1925