¶1The only exception taken is to the refusal to give the instructions prayed for, and we are of opinion that both, of them were rightly refused. Each of them requested the court to decide as matter of law what was purely a question of fact. It was for the jury to decide whether furnishing three hundred and thirty-one frames was a substantial compliance with a contract to furnish such frames “to the number of about four hundred; ” as well as whether frames weighing on the average twelve pounds the pair, substantially complied with a contract to furnish frames weighing ten pounds the pair. It is to be observed, as bearing upon the latter point, that the bill of exceptions states that there was evidence tending to show that there would be a variation (how much is not stated) from the patterns in ordinary castings. Exceptions overruled.
112 Mass. 296
Clapp v. Thayer
Massachusetts Supreme Judicial Court
Decided September 15, 1873
Massachusetts Supreme Judicial Court · decided 1873-09-15
Contract on an account annexed, to recover for “ 831 creal castings, 2004 pounds, at 12 cents per pound.” At the trial in the Superior Court before Rockwell, J., there was evidence tending to show that the defendants agreed with the plaintiff to supply a quantity of creals used in the manufacture of cotton yarns ; that the number to be furnished was to be about four hundred, or about eight hundred, that if the defendants took four hundred they were to pay twelve cents a…
Good law ✅— No negative treatment on recordhow we know
Decided 1873-09-15
How this case has been cited
Cited by 4 later decisions — most recently January 1912
1 federal appellate · 3 state decisions
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