Sturtevant v. Wallack
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for the price of an engine and fan. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: It appeared that the engine and fan were constructed by the plaintiff and sent to the defendant, who was building a theatre in New York City, by the order of one Frederick Tudor, who had a contract with the defendant for heating and ventilating his theatre.
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Contract, upon an account annexed, for the price of an engine and fan. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: It appeared that the engine and fan were constructed by the plaintiff and sent to the defendant, who was building a theatre in New York City, by the order of one Frederick Tudor, who had a contract with the defendant for heating and ventilating his theatre. The question at issue was, whether or not Tudor was authorized by the defendant to order said goods from the plaintiff, on the defendant’s account. The contract…
1Opinion of the CourtHolmes, J.
1. The evidence that the engine and fan had been embraced in a suit and settlement between Tudor and the defendant seems to have been admitted as tending to contradict Tudor’s testimony in the present case, which, as we understand it, was to the effect that he ordered them in the defendant’s name, and by his authority, in which case, of course, Tudor would have had no claim upon the defendant in respect of them. If we are to infer that a part of the evidence introduced for this purpose was that a release was drawn, excluding the engine and fan, that this was rejected by the defendant, and…
2Cases cited3 opinions
- Eldridge v. HawleyMassachusetts Supreme Judicial Court · 1874
- Hayes v. KelleyMassachusetts Supreme Judicial Court · 1874
- Percy v. BibberMassachusetts Supreme Judicial Court · 1883
3Cited by19 opinions
- Simon v. Weymouth Agricultural & Industrial SocietyMassachusetts Supreme Judicial Court · 1983
- Warner v. FullerMassachusetts Supreme Judicial Court · 1923
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Hughes v. GrossMassachusetts Supreme Judicial Court · 1896
- In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
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