Bellows v. McKenzie
Massachusetts Supreme Judicial Court
Contract, upon the declaration printed below. Writ dated December 10, 1908. The declaration was as follows: “And the plaintiffs say that the defendants’ intestate made and entered into a written contract with the plaintiffs, a copy of which contract is hereto annexed, whereby and according to the terms whereof, the defendants’ intestate agreed to purchase a Trustee’s receipt for five hundred shares of the Utah-Bingham Mining Company at $4 per share and at the time of making…
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Contract, upon the declaration printed below. Writ dated December 10, 1908. The declaration was as follows: “And the plaintiffs say that the defendants’ intestate made and entered into a written contract with the plaintiffs, a copy of which contract is hereto annexed, whereby and according to the terms whereof, the defendants’ intestate agreed to purchase a Trustee’s receipt for five hundred shares of the Utah-Bingham Mining Company at $4 per share and at the time of making said contract the defendants’ intestate paid to the plaintiffs the sum of $200 on account of the contract price and…
1Opinion of the CourtDeCourcy, J.
As stated in the bill of exceptions, “the question presented . . . relates entirely to the measure of damages,” the defendants contending that the proper measure of damages is the difference between the market value of the shares and the contract price, and that the trial judge erred in awarding to the plaintiffs the balance due upon the contract.
The evidence on which the decision was based is not before us. From certain findings of fact filed by the judge, it appears that J. C. Robertson, the defendants’ intestate, on March 1, 1906, gave to the plaintiffs a written order for a “trustee’s…
2Cases cited3 opinions
- Mitchell v. Le ClairMassachusetts Supreme Judicial Court · 1896
- Frazier v. SimmonsMassachusetts Supreme Judicial Court · 1885
- Obery v. LanderMassachusetts Supreme Judicial Court · 1901
3Cited by5 opinions
- Rare Earth, Inc. v. HoorelbekeDistrict Court, S.D. New York · 1975
- Trautman v. SchroederMissouri Court of Appeals · 1936
- Rockwood v. GreenWashington Supreme Court · 1934
- Rooney v. McLeodMassachusetts Supreme Judicial Court · 1922
- Chickering & Sons v. BemisMassachusetts District Court, Appellate Division · 1937