Friedman v. Pierce
Massachusetts Supreme Judicial Court
Contract by the assignee of the vendor of sixteen volumes of “ The Americana,” sent to the defendant in accordance with the order given below. Writ dated July 30, 1910. In the Superior Court the case was tried before Sanderson, J. It appeared that the defendant signed for the plaintiff’s assignor the following order, paying $7 to its representative at the time. “ May 12,1909. “ Scientific American, Compiling Dept., 225 Fifth Avenue, New York.
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Contract by the assignee of the vendor of sixteen volumes of “ The Americana,” sent to the defendant in accordance with the order given below. Writ dated July 30, 1910. In the Superior Court the case was tried before Sanderson, J. It appeared that the defendant signed for the plaintiff’s assignor the following order, paying $7 to its representative at the time. “ May 12,1909. “ Scientific American, Compiling Dept., 225 Fifth Avenue, New York. “ Gentlemen: Please ship to me, charges paid, one complete set of The Americana, in sixteen (16) volumes, bound in your Three-quarter Persian Morocco,…
1Opinion of the CourtDeCourcy, J.
The conversation between the book agent and the defendant, before the signing of the order, was rightly excluded. It was an attempt to vary the effect of a written contract which contained an express stipulation that it was un*423conditional; Faucett v. Currier, 109 Mass. 79; Mears v. Smith, 199 Mass. 319; and the excluded evidence was insufficient to sustain the defense of fraud. Knowlton v. Keenan, 146 Mass. 86. American Soda Fountain Co. v. Spring Water Carbonating Co. 207 Mass. 488.
But we are of opinion that the court should have submitted the case to the jury, instead of directing a verdict…
2Cases cited5 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Mears v. SmithMassachusetts Supreme Judicial Court · 1908
- Knowlton v. KeenanMassachusetts Supreme Judicial Court · 1888
- Faucett v. CurrierMassachusetts Supreme Judicial Court · 1871
- American Soda Fountain Co. v. Spring Water Carbonating Co.Massachusetts Supreme Judicial Court · 1911
3Cited by5 opinions
- Eastern Advertising Co. v. E. L. Patch Co.Massachusetts Supreme Judicial Court · 1920
- Schutz v. TostoveSupreme Court of Minnesota · 1934
- Benford Manufacturing Co. v. Standard Tire & Rubber Co.Massachusetts Supreme Judicial Court · 1920
- Ofgant-Jackson Chevrolet, Inc. v. MacQuadeMassachusetts Supreme Judicial Court · 1958
- Local Trademarks, Inc. v. NerbonneMassachusetts District Court, Appellate Division · 1958