Legal Opinion

Harvey v. Connecticut & Passumpsic Rivers Railroad

Massachusetts Supreme Judicial Court

Decided May 25, 1878PublishedCited by 35 opinions

Contract on the following agreement: “ The Connecticut & Passumpsic Rivers Railroad Company agrees to transport for Wm. Harvey & Co., lumber, such as railroad ties, shingles, hewn and sawed timber of all kinds, clapboards, shingle and stave-bolts, from Warwick and Askerbaska stations, on the Grand Trunk Railway, in Canada, to Boston, at sixty-seven dollars eighty cents per car of ten gross tons, for twelve months from this date, in United States currency; also from Dusett’s…

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Contract on the following agreement: “ The Connecticut & Passumpsic Rivers Railroad Company agrees to transport for Wm. Harvey & Co., lumber, such as railroad ties, shingles, hewn and sawed timber of all kinds, clapboards, shingle and stave-bolts, from Warwick and Askerbaska stations, on the Grand Trunk Railway, in Canada, to Boston, at sixty-seven dollars eighty cents per car of ten gross tons, for twelve months from this date, in United States currency; also from Dusett’s Landing, in Canada, for seventy-six ^¡Pu dollars per car of same weight. Boston, August 31, 1871. “ Emmons Raymond,…

1Opinion of the CourtEkdicott, J.

The defendant agreed in writing with the plaintiff to transport lumber from certain stations on the Grand Trunk Railway, in Canada, to Boston, at a certain rate of freight, for a period of twelve months from August 31, 1871. This agreement constituted a continuing offer, on the part of the defendant, to transport such lumber as the plaintiff should furnish at the specified points during the period named, and was binding on the defendant whenever, during that time, the plaintiff tendered lumber for transportation according to its terms; and failure to transport the lumber afterwards offered by…

2Cases cited2 opinions

  1. Bornstein v. LansMassachusetts Supreme Judicial Court · 1870
  2. Scott v. Boston & New Orleans Steamship Co.Massachusetts Supreme Judicial Court · 1871

3Cited by35 opinions

  1. C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
  2. Missouri, Kansas & Texas Railway Co. v. BelcherTexas Supreme Court · 1896
  3. Okin v. SullivanMassachusetts Supreme Judicial Court · 1940
  4. Chapman v. . FargoNew York Court of Appeals · 1918
  5. Weston v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1906

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