Massachusetts Digest : a Digest of the Reported Decisions of the Supreme Judicial Court of the Commonwealth of Massachusetts From 1879 to 1887, Contained in Mass. Reports (128 to 144 Inclusive)
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1044 sistent with this iu Gen. Sts. c. 51, § 17, pro- viding that sales of goods by the hundred- ■weight shall be construed to mean by the net weight, or one hundred pounds, and not by the gross weight, or one hundred and twelve pounds. Jones v. Hoey, 128 Mass. 585 (1880). 5. A usage may be established by the tes- timony of one witness : the fact that one witness only testifies thereto does not affect its competency or sufficiency as matter of law, however unsatisfactory it may be in point of f...act. Jones v. Hoey, 128 Mass. 588 (1880). 6. B. agreed to make for A. a certain num- ber of castings of a new stove, in a specified time, the patterns for which were to be fur- nished by A. In an action by A. against B., for breach of this contract, one ground of de- fence was, that delays were occasioned by the failui-e of A to furnish patterns in time, be- cause of alterations made by him in the pat- terns. Held, that A. was entitled to put in evidence that there was a well-known univer- sal usage in the business to make changes in new patterns, arising from the fact that the first set of patterns, however good, would never produce castings that could be put to- gether without alteration.
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