Duff v. Maguire
Massachusetts Supreme Judicial Court
Contract by one of the signers of the following instrument against his five associates in signing the same, to recover compensation for his services as agent, and money expended by him for the purposes of the agency. “ Boston, June 15, 1866. We the undersigned, desirous of obtaining and working a gold .property, do appoint Mr. W. E. Duff, our agent, to proceed to California and make such investigations of mines as he may see fit, and report.
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Contract by one of the signers of the following instrument against his five associates in signing the same, to recover compensation for his services as agent, and money expended by him for the purposes of the agency. “ Boston, June 15, 1866. We the undersigned, desirous of obtaining and working a gold .property, do appoint Mr. W. E. Duff, our agent, to proceed to California and make such investigations of mines as he may see fit, and report. And, upon his recommendation, if satisfactory to a majority of the subscribers, we and each of us agree to raise the necessary amount of money…
1Opinion of the CourtHoar, J.
The court are of opinion that, by the plain import and just construction of the contract signed by the plaintiff and the defendants on June 15, 1866, they associated themselves together as a company, for the purpose of purchasing and managing mining property in California. The plaintiff was appointed agent of the company, to go to California and select the property; which, if his recommendation should be satisfactory to the majority of the associates, was to be purchased and worked under his superintendence, at a salary to be afterward agreed on. He agreed, with the others, that each of the…
2Cited by5 opinions
- Berwin v. CableMassachusetts Supreme Judicial Court · 1943
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- Nickerson v. SpindellMassachusetts Supreme Judicial Court · 1895
- Perry v. HaleMassachusetts Supreme Judicial Court · 1887
- Cutting v. DaigneauMassachusetts Supreme Judicial Court · 1890