Gossman v. Rosenberg
Massachusetts Supreme Judicial Court
Contract for $587.35 upon an account annexed for half of a loss sustained by the plaintiff in an alleged joint enterprise described in the opinion. Writ dated July 3, 1919. In a declaration in set-off, the defendants claimed that the plaintiff owed them $63.35, for wool blankets sold and delivered. In the Superior Court the action was tried before Fox, J. Material evidence and exceptions saved by the defendants are described in the opinion.
Read the full summary
Contract for $587.35 upon an account annexed for half of a loss sustained by the plaintiff in an alleged joint enterprise described in the opinion. Writ dated July 3, 1919. In a declaration in set-off, the defendants claimed that the plaintiff owed them $63.35, for wool blankets sold and delivered. In the Superior Court the action was tried before Fox, J. Material evidence and exceptions saved by the defendants are described in the opinion. The jury found for the plaintiff in the sum of $526.07; and the defendants alleged exceptions.
1Opinion of the CourtPierce, J.
The contradictory evidence warranted a finding by the jury that the defendants and the plaintiff agreed that the plaintiff should purchase on their joint account certain hosiery clips; that the defendants should pay one half of the purchase price and all expenses incurred in the handling of the merchandise; and that they should each equally share in the profits and in the loss, if any, in the transaction. The defendants denied that there was to be any sharing of losses, but claimed they were merely agents to sell said clips, to be paid therefor one half of the profits realized thereby as a…
2Cases cited4 opinions
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Gilmer v. HigleySupreme Court of the United States · 1884
- Inhabitants of Woburn v. HenshawMassachusetts Supreme Judicial Court · 1869
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1886
3Cited by18 opinions
- Commonwealth v. FranklinMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. GoldmanMassachusetts Supreme Judicial Court · 1985
- Commonwealth v. LugoMassachusetts Supreme Judicial Court · 1990
- Campbell v. AshlerMassachusetts Supreme Judicial Court · 1946
13 more not listed; retrieve them via the Exa API.