[Download] "Country Club Soda Co. v. Arbuckle Et Al." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Country Club Soda Co. v. Arbuckle Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 23, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
FIELD, J. This is an action for breach of warranties of fitness and of merchantable quality of sugar sold by the defendants, refiners in the state of New York, to the plaintiff, a manufacturer of beverages in this commonwealth. The answer was a general denial and waiver. The case was heard by a Judge sitting without jury, who made specific findings of fact and found for the plaintiff. It is before us on the exceptions of the defendants to the admission and exclusion of evidence, and to the Judge's rulings, refusals to rule as requested and denial of the defendants' motion that he find for them, and on the exceptions of the plaintiff to rulings and refusals to rule as requested by it. The defendants shipped by rail to the plaintiff in Springfield, on its order, a carload of fine granulated sugar containing one hundred twenty barrels. The plaintiff paid for the carload, used fifteen barrels, retained another barrel from which samples were taken for examination, and reshipped to the defendants the other one hundred four barrels. The defendants paid to the plaintiff the contract price of the sugar returned, and the freight thereon.