Stiles v. Campbell
Massachusetts Supreme Judicial Court
The declaration in this case was in assumpsit, and contained, besides a special count, a count also for money had and received. The action was tried upon the general issue, April term, 1813, before the present chief justice.
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The declaration in this case was in assumpsit, and contained, besides a special count, a count also for money had and received. The action was tried upon the general issue, April term, 1813, before the present chief justice. The case, as proved at the trial, was, that the plaintiff and de fendant being in Boston in the spring of 1811, a conversation was had between them, about the purchase of a quantity of saltpetre, which was offered for sale by P. T. Jackson; in which conversation the defendant proposed that the plaintiff should join him in the purchase, stating his expectations that it…
1Opinion of the CourtParker, C. J.
It seems difficult to discern any reason why a bargain entered into so deliberately between the two parties in this case, should not be carried into effect according to its true intent at the time it was made.
It cannot be doubted that the defendant considered the plaintiff as his partner, while the purchase was in treaty in Boston, while the parties were on their way home, while the defendant, with the assistance of the plaintiff, was obtaining the security necessary to complete the purchase, and even down to the time when the defendant left Springfield, with a view to go to Boston and close…
2Cases cited1 opinion
- Wilby v. PhinneyMassachusetts Supreme Judicial Court · 1818
3Cited by5 opinions
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