Todd v. Keene
Massachusetts Supreme Judicial Court
Contract, to recover damages for breach by the defendant of a written agreement to play with his supporting company in the Academy of Music at Northampton on April 1, 1895. Trial in the Superior Court, before Dewey, J., who excluded certain evidence offered by the plaintiff as immaterial, and, as the defendant had no evidence to offer, directed the jury to return a verdict for the plaintiff in nominal damages; and the plaintiff alleged exceptions.
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Contract, to recover damages for breach by the defendant of a written agreement to play with his supporting company in the Academy of Music at Northampton on April 1, 1895. Trial in the Superior Court, before Dewey, J., who excluded certain evidence offered by the plaintiff as immaterial, and, as the defendant had no evidence to offer, directed the jury to return a verdict for the plaintiff in nominal damages; and the plaintiff alleged exceptions. The evidence excluded appears in the opinion. The case was submitted on briefs to all the judges.
1Opinion of the CourtField, C. J.
The contract set out in the papers before us appears to be under seal, and to have been entered into between Edwin Arden of the first part and William H. Todd of the second part. The party of the first part “ hereby engages to play Mr. Thomas Keene and his supporting company at Northampton, Mass., for a period of one night,” etc. The point seems not to have been taken that, as this is a contract under seal, only the parties who signed and sealed it can sue or be sued upon it. *158The exceptions relate only to the rule of damages. The contract contemplated a theatrical performance for a single…
2Cases cited4 opinions
- Bernstein v. . MeechNew York Court of Appeals · 1891
- Noble v. HandMassachusetts Supreme Judicial Court · 1895
- Moss v. . TompkinsNew York Court of Appeals · 1895
- Moss v. TompkinsNew York Supreme Court · 1893
3Cited by18 opinions
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Evergreen Amusement Corp. v. MilsteadCourt of Appeals of Maryland · 1998
- King Features Syndicate, Inc. v. Cape Cod Broadcasting Co.Massachusetts Supreme Judicial Court · 1945
- Burnham v. DowdMassachusetts Supreme Judicial Court · 1914
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