Emerson v. Ackerman
Massachusetts Supreme Judicial Court
Contract for commissions for procuring certain sales of sole leather by the defendants to a firm known as "Dunn and McCarthy.” Writ dated March 25, 1916. In the Superior Court, the action was tried before Lawton, J. The material evidence is described in the opinion. At the close of the evidence the defendants asked for the following rulings: “1. Upon all the evidence the plaintiff is not entitled to recover.
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Contract for commissions for procuring certain sales of sole leather by the defendants to a firm known as "Dunn and McCarthy.” Writ dated March 25, 1916. In the Superior Court, the action was tried before Lawton, J. The material evidence is described in the opinion. At the close of the evidence the defendants asked for the following rulings: “1. Upon all the evidence the plaintiff is not entitled to recover. “2. If the contract was so far incomplete that the period of its intended duration cannot be determined by a fair inference from its provisions, either party is at liberty to terminate it…
1Opinion of the CourtCrosby, J.
This is an action of contract to recover a commission of ten cents a case on all cases of sole leather sold by the defendants to a concern known as Dunn and McCarthy.
The plaintiff and the defendants made an oral agreement, and the bill of exceptions recites that “The only material dispute between the parties is that relating to the time for which the agreement would run, and by virtue of the agreement the defendants paid the plaintiff ten cents per case on cases sold to Dunn and McCarthy for a period of time when the defendants on April 13, 1913, notified the plaintiff that they would no…
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