Davis v. Smith American Organ Co.
Massachusetts Supreme Judicial Court
Contract on the' following agreement dated January 23, 1872, and signed by the defendant for $5000, and by others : “We, the undersigned subscribers, hereby agree, each with the other, that we will contribute towards any deficiency (should there be any) that may arise towards defraying the expenses of the World’s Peace Jubilee and International Musical Festival, to be held in Boston, commencing on the 17th June and closing on the 4th of July next, in such proportions as the…
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Contract on the' following agreement dated January 23, 1872, and signed by the defendant for $5000, and by others : “We, the undersigned subscribers, hereby agree, each with the other, that we will contribute towards any deficiency (should there be any) that may arise towards defraying the expenses of the World’s Peace Jubilee and International Musical Festival, to be held in Boston, commencing on the 17th June and closing on the 4th of July next, in such proportions as the amounts affixed to our several names bear to the whole amount subscribed; provided that no subscription be binding until…
1Opinion of the CourtMorton, J.
The first ground of demurrer assigned by the defendant is, that it does not appear by the contract, whereon the plaintiffs rely, that the defendant made any promise to pay these plaintiffs. We are of opinion that this ground cannot be sustained.
The contract provides for the appointment of an executive committee, who are to represent all the subscribers, and who alone can make any expenditures or incur any liabilities. The manifest purpose of the agreement was to guarantee the committee against any losses they might incur in carrying on the musical festival. The promise of each subscriber to…
2Cases cited1 opinion
- Athol Music Hall Co. v. CareyMassachusetts Supreme Judicial Court · 1875
3Cited by4 opinions
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Sherwin v. FletcherMassachusetts Supreme Judicial Court · 1897
- Gallogly v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1916
- White v. McCullaghWest Virginia Supreme Court · 1914