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MERRILL v. KIRKLAND CONSTRUCTION CO., INC.

365 Mass. 110 (1974)

310 N.E.2d 106

PAUL E. MERRILL vs. KIRKLAND CONSTRUCTION CO., INC.

Supreme Judicial Court of Massachusetts, Middlesex.

April 12, 1974.

Attorney(s) appearing for the Case

Julius Thannhauser for the plaintiff.

Michael J. Lack for the defendant.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.

BRAUCHER, J.

A New Hampshire subcontractor contracts to supply, deliver, and install goods at a job site in Boston. A carrier refuses to transport the goods for the subcontractor's account and insists on shipment on a "collect basis to the consignee." The prime contractor orally agrees with the subcontractor to accept collect charges, the subcontractor so informs the carrier, and the carrier then transports the goods, naming the prime contractor as consignee in the...

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