[DOWNLOAD] "Snelling v. Dine" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Snelling v. Dine
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 03, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
CROSBY, J. This action, brought by the plaintiff as trustee in bankruptcy of the Socold Refrigerating Corporation, is to recover
for the alleged breach of a contract under which the defendant, in July, 1928, ordered of the plaintiff fifty 'Socold Refrigerators'
of specified sizes, the price being $100 f. o. b. factory, 'to be delivered and paid for as soon as ready.' This order was
accepted by the plaintiff. The case is before this court on exceptions of both parties. The plaintiff excepted to that part
of the charge to the jury which dealt with the question of damages, and to the refusal to give certain rulings in connection
therewith. The defendant excepted to the exclusion of evidence and to the Disposition of certain requests for rulings. When the plaintiff was appointed trustee in bankruptcy, the refrigerating corporation had been engaged in the manufacture
of refrigerators. At the time the contract between the parties was entered into, there were no refrigerators, of the sizes
therein specified, assembled and ready for delivery in the possession of the plaintiff, but he did have the component parts
necessary for their manufacture. The completed product consisted of the following parts: a cabinet, motor, freezer, condenser,
frost unit, thermostat, expansion valves and tubing. The plaintiff proceeded to assemble and complete ten refrigerators of
the sizes called for by the contract, and shortly thereafter notified the defendant that they were ready for delivery. The
defendant at that time refused to take them and subsequently continued to do so, although at various times he accepted and
paid for seven of them. The three remaining which had been assembled were finally disposed of for $185. The additional forty
refrigerators which the defendant had agreed to purchase were never assembled, and the parts which would have been used to
make them were sold separately as parts.