Millen v. Williams
Massachusetts Supreme Judicial Court
Contract on. an order in writing for the payment of $500, accepted by the defendant in writing in the terms printed below. Writ in the Municipal Court of the City of Boston dated November 9, 1909. On appeal to the Superior Court the case was tried before Aiken, C. J. It appeared that the plaintiff did business under the name “Cambridge Architectural Iron Works.”
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Contract on. an order in writing for the payment of $500, accepted by the defendant in writing in the terms printed below. Writ in the Municipal Court of the City of Boston dated November 9, 1909. On appeal to the Superior Court the case was tried before Aiken, C. J. It appeared that the plaintiff did business under the name “Cambridge Architectural Iron Works.” The order sued upon was as follows: “ Boston, April 2,1907. “H. B. Williams, Esq., 201 Clarendon Street, Boston, Mass. “ Dear Sir: — Please pay to the order of Cambridge Architectural Iron Works the sum of five hundred (500) dollars…
1Opinion of the CourtSheldon, J.
Undoubtedly the jury might have found that in what took place between the defendant and the Morrison Company the defendant simply bought his peace in the controversies which had arisen between them. It could be found that he paid the sum of more than $6,000 to the company, not because that was the amount which it was finally agreed that he ought to pay as the balance due upon the collation and comparison of their various claims growing out of the contract between them and the work that had been done thereunder, .and not because he admitted that he was liable for any sum whatever, but merely…
2Cases cited4 opinions
- Chace v. TraffordMassachusetts Supreme Judicial Court · 1875
- Buttrick Lumber Co. v. CollinsMassachusetts Supreme Judicial Court · 1909
- Buxton v. EdwardsMassachusetts Supreme Judicial Court · 1883
- Allen v. MayersMassachusetts Supreme Judicial Court · 1904
3Cited by2 opinions
- Berwin v. LevensonMassachusetts Supreme Judicial Court · 1942
- Rizkalla v. AbusamraMassachusetts Supreme Judicial Court · 1933