¶1The practice act allows a count on an account annexed to be used whenever the cause of action would be correctly described by any of the common counts at common law. Gen. Sts. c. 129, § 2, cl. 7. Goods bargained and sold is one of the common counts. Stearns v. Washburn, 7 Gray, 187. The time of payment having expired before the bringing of this action, the facts which must have been found by the jury under the instructions of the court would have supported an action for goods bargained and sold. Hall v. Miller, Quincy, 252. Brooke v. White, 1 N. R. 330. Kymer v. Suwercropp, 1 Camp. 109. Middlesex Co. v. Osgood, 4 Gray, 447. Morse v. Sherman, 106 Mass. 430. Exceptions overruled.
112 Mass. 265
Turner v. Langdon
Massachusetts Supreme Judicial Court
Decided September 15, 1873
Massachusetts Supreme Judicial Court · decided 1873-09-15
Contract on this account annexed : “ John H. Langdon, Dr. March 20, 1869. To one double runner sleigh, $86.00.” The writ was dated November 28, 1870.
Cited by 3 later decisions — most recently February 1896
3 state decisions
Relies on Morse v. Sherman
Good law ✅— No negative treatment on recordhow we know
Decided 1873-09-15
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