Kenworthy v. Stevens
Massachusetts Supreme Judicial Court
Contract upon a bill of exchange, dated January 26, 1877, for $2550, drawn upon and accepted by the defendant, and payable six months after date to the order of Charles A. Clegg.
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Contract upon a bill of exchange, dated January 26, 1877, for $2550, drawn upon and accepted by the defendant, and payable six months after date to the order of Charles A. Clegg. The answer contained a general denial; and alleged that the defendant entered into the following written contract with Clegg: “ Boston, Mass., January 26, 1877. I hereby agree to insert the advertisement of H. R. Stevens, measuring ten inches space, twenty-six times, every alternate week, in the six lists of the American Newspaper Union, now numbering twelve hundred papers. Also, to insert his one and one-half-inch…
1Opinion of the CourtDevens, J.
The agreement between the parties contained the following clause, viz.: “ In case from any cause I [Clegg] am unable to carry out the provisions of this agreement, I agree to return at once to said H. R. Stevens either his acceptances or the full amount of the same ($10,200) in money, said money to be held by him until the return of his acceptances.”
The defendant contends that the clause bound Clegg to return all the acceptances (or the full amount of the same in money) in case of inability or failure on his part during the performance or at the expiration of the contract to carry out all its…
2Cited by5 opinions
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