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Waterhouse v. Levine

Supreme Court of Massachusetts
65 N.E. 822 (1903)


Facts

Waterhouse (plaintiff) entered into a contract with Levine (defendant). Under the contract, Levine agreed to purchase certain goods from Waterhouse on credit. In a prior action, Waterhouse sued Levine for breach of contract before the credit had expired. At trial, judgment was rendered for Levine on the grounds that the action was prematurely brought. Subsequently, after the credit expired, Waterhouse brought this suit against Levine for the same cause of action and was awarded $336.04 by the trial judge. Levine alleged exceptions, maintaining that the former judgment barred this action.

Rule of Law

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Issue

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Holding and Reasoning (Barker, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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