Mills v. Dow's Administrator
133 U.S. 423 (1890)

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U.S. Supreme Court

Mills v. Dow's Administrator, 133 U.S. 423 (1890)

Mills v. Dow's Administrator

No. 151

Submitted December 9, 1884

Decided March 3, 1890

133 U.S. 423

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF MASSACHUSETTS

Syllabus

Where the subject matter of a contract relates to the construction of a railroad in Massachusetts, and the defendant resides there, and the contract was made there, and a suit on the contract is brought there, the law of

Page 133 U. S. 424

Massachusetts is to govern in expounding and enforcing the contract and in determining the rule of damages for a breach of it.

Where a contract states that the purchasing price of its subject matter is $15,000, and that that sum has been "this day advanced and paid" therefor, it is competent for the vendor, in a suit by him on the contract, to show that only $10,000 was paid, with a view to recover the remaining $5,000.

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