Mills v. Dow's Administrator,
Annotate this Case
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
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
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
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.