Inhabitants of Palmer v. Ferry
Massachusetts Supreme Judicial Court
Action of contract against the administrator of the estate of Oliver Ferry upon the following agreement: Memorandum of an agreement made at Palmer this thirteenth day of April 1844 by and between the town of Palmer on one part and Oliver Ferry of Brimfield on the other part witnesseth as follows, viz: The said Oliver Ferry hereby binds himself, his heirs, executors and administrators firmly by these presents to pay to the said town of Palmer the sum of twenty five dollars…
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Action of contract against the administrator of the estate of Oliver Ferry upon the following agreement: Memorandum of an agreement made at Palmer this thirteenth day of April 1844 by and between the town of Palmer on one part and Oliver Ferry of Brimfield on the other part witnesseth as follows, viz: The said Oliver Ferry hereby binds himself, his heirs, executors and administrators firmly by these presents to pay to the said town of Palmer the sum of twenty five dollars annually towards the support of Molly Ferry, his unfortunate sister; said sum is to be paid to said town of Palmer for…
1Opinion of the CourtMetcalf, J.
We are of opinion that the appointment, by the town, of a committee to “ negotiate the Molly Ferry ease,” under the seventh article in the warrant for the town meeting, authorized the committee to make the contract with Oliver Ferry, the defendant’s intestate, on which this action is brought *423The whole course of proceedings, after that contract was made, shows that this was the construction given to that vote, by all parties concerned. Nor was this an unnatural or strained construction ; for one of the definitions of the word “ negotiate ” is “ to conclude by bargain, treaty or agreement.” And…
2Cited by2 opinions
- Combes v. . AdamsSupreme Court of North Carolina · 1908
- Martien v. Mayor of BaltimoreCourt of Appeals of Maryland · 1909