Frothingham v. Seymour
Massachusetts Supreme Judicial Court
Contract to recover $200 and damages for breach of the following agreement signed by the plaintiff and the defendant: “ These articles of agreement made this twentieth day of September, A. D. 1870, by and between- George E. Frothingham, M. D., of the first part, and Christopher Seymour, of the second part, witnesseth, In primis, That the said parties mutually covenant and agree that they will practise and pursue together the' profession and occupation of physician and…
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Contract to recover $200 and damages for breach of the following agreement signed by the plaintiff and the defendant: “ These articles of agreement made this twentieth day of September, A. D. 1870, by and between- George E. Frothingham, M. D., of the first part, and Christopher Seymour, of the second part, witnesseth, In primis, That the said parties mutually covenant and agree that they will practise and pursue together the' profession and occupation of physician and surgeon in the town of Hinsdale, Mass., and that they will divide equally between them the gross receipts and income which may…
1Opinion of the CourtWells, J.
The contract provides that “ if the party of the first part shall withdraw from this contract and cease to do business in Hinsdale, without having shared the benefit of this business at all, then the said Seymour shall pay the said party of the first part the sum of two hundred dollars.” This stipulation implies that the plaintiff might so withdraw at any time, even before entering upon any participation in the business contemplated.
At the trial, the court refused to rule, as requested by the defendant, “that the plaintiff is not entitled to $200, as for his *494withdrawal before he was to…
2Cases cited1 opinion
- Goward v. WatersMassachusetts Supreme Judicial Court · 1868
3Cited by2 opinions
- Bernstein v. W. B. Manufacturing Co.Massachusetts Supreme Judicial Court · 1920
- Frothingham v. SeymourMassachusetts Supreme Judicial Court · 1877