Sartwell v. Frost
Massachusetts Supreme Judicial Court
Contract on an account annexed for goods sold and delivered. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions in substance as follows: The goods set forth in the plaintiff’s account were sold and delivered to the firm of J. E. Abbott & Brother, who from July 21, 1874, to February 10, 1875, carried on a produce business at a shop, No. 110 Pleasant Street, Boston, which bore on the outside a sign, “ J. E. Abbott & Brother.”
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Contract on an account annexed for goods sold and delivered. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions in substance as follows: The goods set forth in the plaintiff’s account were sold and delivered to the firm of J. E. Abbott & Brother, who from July 21, 1874, to February 10, 1875, carried on a produce business at a shop, No. 110 Pleasant Street, Boston, which bore on the outside a sign, “ J. E. Abbott & Brother.” Their business card also bore the same name. The goods were sold and delivered after July 21,1874, on a credit of thirty…
1Opinion of the CourtMorton, J.
By the agreement of July 21, 1874, James E. Abbott and Moses K. Abbott were constituted the agents of William Frost and Thomas P. Frost for the purpose of carrying on the shop in Pleasant Street. It provides that the Abbotts “ are to do business at 110 Pleasant Street, Boston, as agents for Wm. Frost and T. P. Frost of Boston. They are authorized to sell the goods now in store and buy other goods in order to keep the stock good with the money received, but not to buy on credit without an order in writing from Wm. Frost or T. P. Frost.” At the time the agreement was executed, the Frosts were…
2Cases cited1 opinion
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- Allen v. Liston Lumber Co.Massachusetts Supreme Judicial Court · 1933
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