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132 Mass. 349

Bugbee v. Kendricken

Massachusetts Supreme Judicial Court · decided 1882-03-01

Contract. The first count was upon an account annexed for $318.26. The second count alleged a promise of the defendant to pay for building materials delivered to the firm of Tully Brothers & W-alker.

Cited by 4 later decisions — most recently November 1918

4 state decisions

Relies on Green v. Boston & Lowell Railroad · Walker v. Hill

Good law ✅— No negative treatment on recordhow we know

Decided 1882-03-01

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Field, J.

¶1The first ruling requested by the defendant was rightly refused, because the count in the declaration to which it related was withdrawn from the jury and the case submitted to them only on the first count.

¶2The last clause of the second ruling requested was also rightly refused, for the reason given in the exceptions.

¶3*354The first instruction which the defendant requested should be given to the jury was rightly refused, because it assumed that the plaintiff could not recover if the goods were not charged to the defendant on the plaintiffs’ book. Walker v. Hill, 119 Mass. 249.

¶4The second request for instructions was also rightly refused. The judge was not required to instruct the jury as to what might be the effect of one fact taken separately, when it is accompanied and connected with other facts tending to establish the main issue. Green v. Boston & Lowell Railroad, 128 Mass. 221, 227.

¶5No error appears in the instructions given.

¶6Exceptions overruled.

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