Legal Opinion

Massachusetts Biographical Society v. Howard

Massachusetts Supreme Judicial Court

Decided January 9, 1920PublishedCited by 10 opinions

Contract for $250 alleged to be due under the contract in writing described in the opinion. Writ dated January 18, 1915. In the Superior Court, the action was tried before Lawton, J. The evidence relating to the notice sent to the plaintiff by the defendant was as follows: The defendant testified that, when the plaintiff’s solicitor made upon the agreement the indorsement described in the opinion, he handed to the defendant the address of one Eliot, whose full name the…

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Contract for $250 alleged to be due under the contract in writing described in the opinion. Writ dated January 18, 1915. In the Superior Court, the action was tried before Lawton, J. The evidence relating to the notice sent to the plaintiff by the defendant was as follows: The defendant testified that, when the plaintiff’s solicitor made upon the agreement the indorsement described in the opinion, he handed to the defendant the address of one Eliot, whose full name the defendant did not remember, and told the defendant to notify that person whether the defendant would take the book on that…

1Opinion of the CourtPierce, J.

It appears in evidence that the defendant on September 17, 1914, signed and delivered to a solicitor of the plaintiff, authorized to make contracts, an instrument which reads as follows:

“Biographical History of Massachusetts.
“Massachusetts Edition United States Biographical Series.
“I hereby authorize you to execute for me a full-page Photo-Steel Engraved Plate and to insert prints therefrom in the Biographical and Historical work ‘Biographical History of Massachusetts,’ the plate reverting to me as my property.
“The work is to be hand-bound in elegant crushed morocco, artistically decorated,…

2Cases cited5 opinions

  1. Hill v. HallMassachusetts Supreme Judicial Court · 1906
  2. Watkins v. BowersMassachusetts Supreme Judicial Court · 1876
  3. Tobin v. TaintorMassachusetts Supreme Judicial Court · 1918
  4. Zielmann v. CopelofMassachusetts Supreme Judicial Court · 1919
  5. Leavitt v. MaynesMassachusetts Supreme Judicial Court · 1917

3Cited by10 opinions

  1. City of Haverhill v. George Brox, Inc.Massachusetts Appeals Court · 1999
  2. Howland v. Town of PlymouthMassachusetts Supreme Judicial Court · 1946
  3. Anderson v. Town of BillericaMassachusetts Supreme Judicial Court · 1941
  4. Schneider v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1927
  5. Wadena v. BushSupreme Court of Minnesota · 1975

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