Radigan v. Johnson
Massachusetts Supreme Judicial Court
Tort, for the conversion of certain horses and carriages, with a count in contract for the alleged breach of an agreement. Trial in the Superior Court, before Richardson, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for the conversion of certain horses and carriages, with a count in contract for the alleged breach of an agreement. Trial in the Superior Court, before Richardson, J., who allowed a bill of exceptions, in substance as follows. There was evidence that the plaintiff was the owner of certain horses and carriages used in conveying passengers in the city of Boston; that the defendant was a livery-stable keeper; and that on October 9, 1897, the plaintiff was indebted to the defendant in the sum of $489.99 for board and care of her horses. The following instrument, which was executed on…
1Opinion of the CourtMorton, J.
The testimony that was offered by the plaintiff for the purpose of showing that the defendant agreed that if the plaintiff would have the release drawn and signed and handed to him he would then permit her to go on using the horses in the ordinary course of business was a plain attempt to engraft upon the written contract an oral agreement contemporaneous with it and was inadmissible. It tended to vary the contract as written by introducing into it another stipulation. This could not be done under the guise of showing what the consideration was. Pike v. McIntosh, 167 Mass. 309. Knowlton v.…
2Cases cited6 opinions
- Knowlton v. KeenanMassachusetts Supreme Judicial Court · 1888
- Thompson v. DolliverMassachusetts Supreme Judicial Court · 1882
- Simanovich v. WoodMassachusetts Supreme Judicial Court · 1887
- Upham v. SmithMassachusetts Supreme Judicial Court · 1811
- Reed v. StoddardMassachusetts Supreme Judicial Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McCusker v. GeigerMassachusetts Supreme Judicial Court · 1907
- Drew v. WiswallMassachusetts Supreme Judicial Court · 1903
- Harding v. EldridgeMassachusetts Supreme Judicial Court · 1904
- Holmes v. EvansSupreme Court of Oklahoma · 1911
- Dana v. Wildey Savings BankMassachusetts Supreme Judicial Court · 1936
2 more not listed; retrieve them via the Exa API.