Priest v. Wheeler
Massachusetts Supreme Judicial Court
Contract for breach of the following written agreement, dated January 23, 1866, and signed by the defendant: “ I hereby agree to purchase of Gilman Priest twenty shares of Wheeler Horseshoe Co. stock with reserved rights, to be paid for in cash April 1, 1866, at par, with ten per cent, interest from date.”
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Contract for breach of the following written agreement, dated January 23, 1866, and signed by the defendant: “ I hereby agree to purchase of Gilman Priest twenty shares of Wheeler Horseshoe Co. stock with reserved rights, to be paid for in cash April 1, 1866, at par, with ten per cent, interest from date.” Trial in the superior court, before Devens, J., who allowed a bill of exceptions substantially as follows: The plaintiff introduced evidence tending to prove that the defendant made the agreement declared on, at its date, in consideration of a promise of the plaintiff, who owned the shares…
1Opinion of the CourtWells, J.
No exception lies to the refusal of the court to order a nonsuit to be entered. Wentworth v. Leonard, 4 Cush. 414.
The evidence that “ the defendant told the plaintiff he might take the certificate of stock from the hands of Manson,” and that he did so, and sold the stock for “ its full market value at that time,” would not warrant the court in directing a verdict for the defendant, on the ground that it amounted in law to a rescission or abandonment of the contract. If so intended, it might so operate; but whether it was so intended was a question of fact for the jury.
The Resolve of 1865, c.…
2Cited by7 opinions
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- Cohen v. BilanskyMassachusetts District Court, Appellate Division · 1936
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