DeMontague v. Bacharach
Massachusetts Supreme Judicial Court
Contract upon an account annexed of forty-seven items, twenty-five items for ten per cent of the gross receipts of a restaurant paid by the plaintiff to the defendants amounting to $430.43, ten items for money paid for gas bills amounting to $218.76, nine items for money paid for electric light bills amounting to $89.03, one item for money paid for one half of the salary of a porter amounting to $128, one item for extra help employed by the plaintiff for the benefit of the…
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Contract upon an account annexed of forty-seven items, twenty-five items for ten per cent of the gross receipts of a restaurant paid by the plaintiff to the defendants amounting to $430.43, ten items for money paid for gas bills amounting to $218.76, nine items for money paid for electric light bills amounting to $89.03, one item for money paid for one half of the salary of a porter amounting to $128, one item for extra help employed by the plaintiff for the benefit of the defendants amounting to $287, and one item for labor performed and furnished by the plaintiff as superintendent at the…
1Opinion of the CourtBraley, J.
At the time of the verbal contract between the parties, the defendants were in occupation of a furnished restaurant and liquor saloon in which they were doing business • as common victuallers. It then was mutually agreed that the plaintiff, during the remaining two years of the written lease under which the defendants held the premises, should have the privilege of conducting the restaurant expressly for his own profit, while the defendants retained control of the portion used for the sale of liquors. They also were to pay him one tenth of all receipts for liquor sold and served at his…
2Cases cited21 opinions
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
- Graffam v. PierceMassachusetts Supreme Judicial Court · 1887
- Mullaly v. AustinMassachusetts Supreme Judicial Court · 1867
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- Gassett v. GlazierMassachusetts Supreme Judicial Court · 1896
16 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Williams v. Pittsfield Lime & Stone Co.Massachusetts Supreme Judicial Court · 1927
- Dixon v. LamsonMassachusetts Supreme Judicial Court · 1922
- Bailey v. MardenMassachusetts Supreme Judicial Court · 1906
- Donovan v. WalshMassachusetts Supreme Judicial Court · 1921
- Conners Bros. v. SullivanMassachusetts Supreme Judicial Court · 1915
25 more not listed; retrieve them via the Exa API.