Legal Opinion

Burrows v. Glover

Massachusetts Supreme Judicial Court

Decided January 15, 1871PublishedCited by 4 opinions

Contract against Thomas B. Glover and George W. Wilson on the following instrument, dated February 10, 1869, signed by them, and assigned in writing to the plaintiff, under date of February 20, 1869, by the Charles W. Stinson therein named: “We, the undersigned, do sell to Charles W. Stinson the following named property, to wit, the same lot of blacksmith’s tools we bought of him; also, all the blacksmith’s tools now owned by us in our respective shops; for the sum of $200,…

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Contract against Thomas B. Glover and George W. Wilson on the following instrument, dated February 10, 1869, signed by them, and assigned in writing to the plaintiff, under date of February 20, 1869, by the Charles W. Stinson therein named: “We, the undersigned, do sell to Charles W. Stinson the following named property, to wit, the same lot of blacksmith’s tools we bought of him; also, all the blacksmith’s tools now owned by us in our respective shops; for the sum of $200, to be paid on or before May 1, 1869. Nevertheless, the conditions of this sale are such that, if the undersigned pay to…

1Opinion of the CourtAmes, J.

The written instrument signed „by the defendants, although very inartificially drawn, contemplates the payment by them of the sum of $200 to Stinson. It does not in terms purport to be a promise to pay that sum to him, but it provides that on such payment their conveyance to him of certain tools is to become null and void. Stinson assigned this instrument to the plaintiff, and the jury have found that for this assignment there was a valuable consideration. The jury were instructed that if the defendants were notified of the assignment, assented to it, and promised the plaintiff to pay him the…

2Cases cited2 opinions

  1. Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
  2. Mowry v. ToddMassachusetts Supreme Judicial Court · 1815

3Cited by4 opinions

  1. Buttrick Lumber Co. v. CollinsMassachusetts Supreme Judicial Court · 1909
  2. Pierce v. Charter Oak Life InsuranceMassachusetts Supreme Judicial Court · 1884
  3. Webber v. ClarkIllinois Supreme Court · 1891
  4. Keefe v. FlynnMassachusetts Supreme Judicial Court · 1875

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