Legal Opinion

Neale v. American Electric Vehicle Co.

Massachusetts Supreme Judicial Court

Decided June 27, 1904PublishedCited by 3 opinions

Contract for alleged breach of a contract in writing to employ the plaintiff as exclusive agent in a certain territory to sell “ certain kinds of electric vehicles ” manufactured by the defendant., Writ dated January 1, 1902. At the trial in the Superior Court before Aiken, J., without a jury, the plaintiff testified in his own behalf that he had had some years’ experience as a salesman of electric vehicles, and that, before the date of the contract in writing, he had been…

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Contract for alleged breach of a contract in writing to employ the plaintiff as exclusive agent in a certain territory to sell “ certain kinds of electric vehicles ” manufactured by the defendant., Writ dated January 1, 1902. At the trial in the Superior Court before Aiken, J., without a jury, the plaintiff testified in his own behalf that he had had some years’ experience as a salesman of electric vehicles, and that, before the date of the contract in writing, he had been employed by the defendant as a salesman, introducing and selling its vehicles. The plaintiff sought to introduce oral…

1Opinion of the CourtLathrop, J.

It seems to us very plain that the statement in the first “ Whereas ” of the contract that the defendant was the manufacturer “ of certain kinds of electric vehicles ” must be taken in connection with the second and third clauses of the contract, by the terms of which the defendant was to have the exclusive right to sell, within a certain territory, “ all electric vehicles or parts or equipments thereof or accessories thereto,manufactured by the ” defendant, and was to confine himself to the business of selling, within the territory named, “vehicles, *308parts, equipments or accessories thereof…

2Cases cited2 opinions

  1. Frost v. BlanchardMassachusetts Supreme Judicial Court · 1867
  2. Will M. Kinnard Co. v. Cutter Tower Co.Massachusetts Supreme Judicial Court · 1893

3Cited by3 opinions

  1. Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
  2. Boston Consolidated Gas Co. v. FolsomMassachusetts Supreme Judicial Court · 1921
  3. Puffer Manufacturing Co. v. KrumMassachusetts Supreme Judicial Court · 1911

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