Legal Opinion

White v. McLaren

Massachusetts Supreme Judicial Court

Decided June 18, 1890PublishedCited by 25 opinions

Contract against Alexander McLaren, John McLaren, Rufus E. Lord, and David D. Lord, upon a written agreement dated April 20, 1885, signed by the McLarens, who were carpenters and builders doing business under the name of A. and J. Mc-Laren, and by the Lords, who were masons doing business under the name of Lord Brothers, and by Samuel D. Sargent, as agent for the plaintiffs, which agreement contained the following provisions: “ First.

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Contract against Alexander McLaren, John McLaren, Rufus E. Lord, and David D. Lord, upon a written agreement dated April 20, 1885, signed by the McLarens, who were carpenters and builders doing business under the name of A. and J. Mc-Laren, and by the Lords, who were masons doing business under the name of Lord Brothers, and by Samuel D. Sargent, as agent for the plaintiffs, which agreement contained the following provisions: “ First. The said Lords and McLarens agree, for the consideration hereinafter mentioned, to furnish all stock and materials of every name and nature mentioned in the…

1Opinion of the Court

Knowlton, J..The contract signed by the parties is peculiar. The only promise of the defendants contained- in it is to furnish certain stock and materials. The paper containing the specifications is referred to for the single purpose of showing what the stock and materials are. It was not identified by the signatures of the parties, as the contract says it was; but it was otherwise sufficiently identified, and the fact that it was not signed is immaterial. The stock and materials were to be those mentioned in the specifications, and the contract is the same as if they had been described in…

2Cases cited1 opinion

  1. Powell v. HowardMassachusetts Supreme Judicial Court · 1872

3Cited by25 opinions

  1. Biggs v. DensmoreMassachusetts Supreme Judicial Court · 1948
  2. Louise Caroline Nursing Home, Inc. v. Dix Construction Corp.Massachusetts Supreme Judicial Court · 1972
  3. White v. MitchellWashington Supreme Court · 1923
  4. Hotchner v. LiebowitsMissouri Court of Appeals · 1960
  5. Kahn v. PrahlSupreme Court of Missouri · 1967

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