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126 Mass. 393

Keller v. Webb

Massachusetts Supreme Judicial Court · decided 1879-03-11

Contract for breach of an agreement to purchase certain black lead.

Relies on Peck v. Waters

Good law ✅— No negative treatment on recordhow we know

Decided 1879-03-11

How this case has been cited

Cited by 7 later decisions — most recently September 1925

7 state decisions

30187918801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gray, C. J.

¶1The question proposed by the defendants was rightly excluded, because it sought not only to add to, but to alter, the written contract by paroi evidence.

¶2As to the description of the contract, there was a variance between the declaration and the proof; but, as the merits of the case appear to have been fully tried, that variance may and should be allowed to be cured after verdict, by an amendment *395of the declaration, the plaintiff taking no costs since the trial. Cleaves v. Lord, 3 Gray, 66. Stone v. White, 8 Gray, 589. Peck v. Waters, 104 Mass. 345.

¶3Upon such amendment, exceptions overruled.

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