Roach v. Lane
Massachusetts Supreme Judicial Court
Contract for breach of a contract by the defendant to accept and pay for four car loads of potatoes. Writ dated May 19, 1913. In the Superior Court the case was tried before Hitchcock, J. There was evidence that, after an interview between the defendant and Rupert E. McLatchy, a broker, the broker sent to the defendant on May 11, 1907, the following confirmation: “We confirm sale to you of following cars of Green Mountains, delivered in Boston at 90c per bu. viz: 4 cars H.…
Read the full summary
Contract for breach of a contract by the defendant to accept and pay for four car loads of potatoes. Writ dated May 19, 1913. In the Superior Court the case was tried before Hitchcock, J. There was evidence that, after an interview between the defendant and Rupert E. McLatchy, a broker, the broker sent to the defendant on May 11, 1907, the following confirmation: “We confirm sale to you of following cars of Green Mountains, delivered in Boston at 90c per bu. viz: 4 cars H. H. ,& A. Roach, Smyrna Mills.” On the previous day the broker had sent the following letter to the plaintiffs: “We…
1Opinion of the CourtBraley, J.
The presiding judge correctly ruled and instructed the jury that, the sale being of four cars of potatoes at an agreed price, the contract for breach of which damages are sought was indivisible. Fullam v. Wright & Colton Wire Cloth Co. 196 Mass. 474, 476. Craig v. Lane, 212 Mass. 195. And the further ruling and instruction that the broker’s memorandum was sufficient to satisfy the requirements of the sales act, St. 1908, c. 237, § 4, to which the defendant excepted are free from error. The correspondence between the broker and the defendant also was properly admitted, and afforded ample proof…
2Cases cited16 opinions
- Barlow Manufacturing Co. v. StoneMassachusetts Supreme Judicial Court · 1908
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- Nichols v. MorseMassachusetts Supreme Judicial Court · 1868
- A. J. Tower Co. v. Southern Pacific Co.Massachusetts Supreme Judicial Court · 1904
- Rodman v. GuilfordMassachusetts Supreme Judicial Court · 1873
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925
- National Wholesale Grocery Co. v. MannMassachusetts Supreme Judicial Court · 1925
- Gordon v. American Tankers Corp.Massachusetts Supreme Judicial Court · 1934
- Auer & Twitchell v. Robertson Paper Co.Supreme Court of Vermont · 1920
10 more not listed; retrieve them via the Exa API.