Elastic Tip Co. v. Graham
Massachusetts Supreme Judicial Court
Contract, upon a written agreement alleged to have been made by the defendant with the plaintiff. After the former decision, reported 171 Mass. 35*2, (Newton Rubber Works v. Graham,) the declaration was amended by the addition of new counts. The defendant demurred to the amended declaration, assigning various grounds of demurrer. In the Superior Court the demurrer was sustained, and judgment entered for the defendant; and the plaintiff appealed to this court.
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Contract, upon a written agreement alleged to have been made by the defendant with the plaintiff. After the former decision, reported 171 Mass. 35*2, (Newton Rubber Works v. Graham,) the declaration was amended by the addition of new counts. The defendant demurred to the amended declaration, assigning various grounds of demurrer. In the Superior Court the demurrer was sustained, and judgment entered for the defendant; and the plaintiff appealed to this court. The facts appear in the opinion. The case was argued at the bar in January, 1899, and after-wards was submitted on briefs to all the…
1Opinion of the CourtHolmes, C. J.
This case has been before the court upon demurrer to a count upon the written agreement. Newton Rubber Works v. Graham, 171 Mass. 352. It now comes here upon demurrer to two counts which have been added. These counts allege that the defendant offered to buy of the plaintiff, for a price stated, a debt which was owed to it by the Quincy Cycle Company, upon condition that the offer was accepted within thirty days, and that the plaintiff accepted the offer within the time. The counts refer to the writing as containing the offer *508ímd acceptance. As the case now stands, the only important question…
2Cases cited1 opinion
- Newton Rubber Works v. GrahamMassachusetts Supreme Judicial Court · 1898
3Cited by6 opinions
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