Somers v. Thayer
Massachusetts Supreme Judicial Court
Contract by the members of the firm of William Somers & Co., against the defendant as acceptor of the following order signed by Noah G. Harriman: “Boston, October 18, 1871, $296.00. Mr. George B. Thayer, please pay Wm. Somers & Co., or order, the sum of two hundred and ninety-six dollars on the completion of the house now building at Randolph by me for you, and charge the same to me on account of contract.”
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Contract by the members of the firm of William Somers & Co., against the defendant as acceptor of the following order signed by Noah G. Harriman: “Boston, October 18, 1871, $296.00. Mr. George B. Thayer, please pay Wm. Somers & Co., or order, the sum of two hundred and ninety-six dollars on the completion of the house now building at Randolph by me for you, and charge the same to me on account of contract.” In the Superior Court, Putnam, J., ordered judgment for the plaintiffs on the following agreed facts, and the defendant appealed to this court: “ The order declared on was drawn by…
1Opinion of the CourtAmes, J.
The terms of the order accepted by the defendant bring this case within the decision in Newhall v. Clark, 3 Cush. 376. The order refers to the contract subsisting between Harriman and the defendant. It is made payable on the completion of the house which Harriman was then building in Randolph, for the defendant, and it directs that when paid it is to be charged to Harriman on account of that contract. The order looks to the future; to work to be done and to materials to be supplied by the drawer for the use and benefit of the acceptor according to contract. The acceptance was an agreement to…
2Cases cited1 opinion
- Cook v. WolfendaleMassachusetts Supreme Judicial Court · 1870
3Cited by8 opinions
- O'Brien v. GaribaldiCalifornia Court of Appeal · 1911
- Robbins v. BlodgettMassachusetts Supreme Judicial Court · 1878
- Linnehan v. MatthewsMassachusetts Supreme Judicial Court · 1889
- Fuller v. WildeMassachusetts Supreme Judicial Court · 1890
- Morrison v. LamsonMassachusetts Supreme Judicial Court · 1900
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