Willcox v. Arnold
Massachusetts Supreme Judicial Court
Contract, for work done and materials furnished by the plaintiffs for the defendants. Trial in the Superior Court without a jury, before Hopkins, J., who found for the plaintiffs, and the defendants alleged exceptions, in substance as follows.
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Contract, for work done and materials furnished by the plaintiffs for the defendants. Trial in the Superior Court without a jury, before Hopkins, J., who found for the plaintiffs, and the defendants alleged exceptions, in substance as follows. The Class of 1893 of Tufts College, including all of the defendants and others except one Gifford, at a class meeting duly called voted to publish a volume to be called “ The Brown and Blue,” and elected the defendant Arnold as business manager of the publication. The class also elected certain other of the defendants as editors of the publication, and…
1Opinion of the CourtField, C. J.
The evidence was sufficient to warrant the finding of the court. It was competent for the court to infer from all the evidence that the defendants who were present at the class meeting at which it was voted to publish a volume to be called “ The Brown and Blue ” either voted to publish the volume or assented to the vote. This is also true of the vote by which Arnold was elected “ business manager of the publication.” The contract made by Arnold was apparently within *579the scope of his employment, at least the court could so find. Newell v. Borden, 128 Mass. 31. Ray v. Powers, 134 Mass. 22.
Except…
2Cases cited2 opinions
- Newell v. BordenMassachusetts Supreme Judicial Court · 1879
- Ray v. PowersMassachusetts Supreme Judicial Court · 1883
3Cited by11 opinions
- Sergeant v. Goldsmith Dry Goods Co.Texas Supreme Court · 1920
- Sweetman v. BarrowsMassachusetts Supreme Judicial Court · 1928
- Members of Bakery & Confectionery Workers International Union of America v. Hall Baking Co.Massachusetts Supreme Judicial Court · 1946
- Whiting Milk Companies v. GrondinMassachusetts Supreme Judicial Court · 1933
- Leake v. City of VeniceCalifornia Court of Appeal · 1920
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