Kenney v. Theodore W. Foster & Bros.

Supreme Court of Rhode Island

Kenney v. Theodore W. Foster & Bros.

56 A. 680, 25 R.I. 474, 1903 R.I. LEXIS 104

DecidedNovember 25, 1903

StatusPublished

This text of 56 A. 680 (Kenney v. Theodore W. Foster & Bros.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kenney v. Theodore W. Foster & Bros., 56 A. 680, 25 R.I. 474, 1903 R.I. LEXIS 104 (R.I. 1903).

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Opinion

Per Curiam.

(1) The written agreement under seal set out in the declaration binds the defendant to furnish to the plaintiff “such samples as said party of the first part,” the defendant, “shall deem necessary and proper.” The quantity as well as the quality of the'samples to be furnished is thus left to the judgment of the' defendant. The allegation that by a verbal agreement made previously to the written one the defendant became bound to furnish enough samples for trips of six weeks each contradicts the written instrument. ■

The breach alleged is a breach of the inadmissible verbal agreement, not of the covenant set forth in the declaration.

The demurrer is sustained.

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Per Curiam.

(1) The written agreement under seal set out in the declaration binds the defendant to furnish to the plaintiff “such samples as said party of the first part,” the defendant, “shall deem necessary and proper.” The quantity as well as the quality of the'samples to be furnished is thus left to the judgment of the' defendant. The allegation that by a verbal agreement made previously to the written one the defendant became bound to furnish enough samples for trips of six weeks each contradicts the written instrument. ■

The breach alleged is a breach of the inadmissible verbal agreement, not of the covenant set forth in the declaration.

The demurrer is sustained.

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Bluebook (online)

56 A. 680, 25 R.I. 474, 1903 R.I. LEXIS 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenney-v-theodore-w-foster-bros-ri-1903.