Luce v. Consolidated Ubero Plantations Co.
Massachusetts Supreme Judicial Court
Contract for $3,576.83 upon an account annexed as follows: 1. Commissions earned to date of writ on sales of bonds in Luce-Sawyer territory up to Nov. 25,1902, at 7j% . . $956.62 2. Commissions earned to date of writ on sales of bonds in Luce-Sawyer territory between Nov. 25,1902, and Jan. ' 20, 1903 ......... . 822.00 3. Amount agreed to be credited May 16, 1903 ..........: 1,860.00 4. Amount of expenses agreed to be credited May 16, 1903 ...... 352.60 5. Commissions earned…
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Contract for $3,576.83 upon an account annexed as follows: 1. Commissions earned to date of writ on sales of bonds in Luce-Sawyer territory up to Nov. 25,1902, at 7j% . . $956.62 2. Commissions earned to date of writ on sales of bonds in Luce-Sawyer territory between Nov. 25,1902, and Jan. ' 20, 1903 ......... . 822.00 3. Amount agreed to be credited May 16, 1903 ..........: 1,860.00 4. Amount of expenses agreed to be credited May 16, 1903 ...... 352.60 5. Commissions earned to date of writ on sales of bonds by Luce personally . 1,068.00 6. Commissions on sales of bonds in Worcester…
1Opinion of the CourtHammond, J.
This is an action upon an account annexed to recover a balance of commissions and expenses alleged to be due to the plaintiff on account of sales by himself and one Sawyer of the bonds of the defendant. The answer is a general denial. The defendant also filed a declaration in set-off.
The questions presented are whether the judge erred in allowing the first, second and fourth items of the declaration and in disallowing the first count of the declaration in set-off. The defendant waives the question as to the disallowance of the second count in set-off. At the trial in the Superior Court…
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