Lamson & Goodnow Manufacturing Co. v. Russell
Massachusetts Supreme Judicial Court
Contract. The declaration was as follows: “ And the plaintiff says that the plaintiff and the defendant, under the name of J. Russell & Co., made a contract, a copy whereof is hereto annexed. And the plaintiff says that all of the conditions, covenants and agreements in said contract made on the part of the plaintiff have been faithfully observed and performed, or expressly waived by the defendant.
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Contract. The declaration was as follows: “ And the plaintiff says that the plaintiff and the defendant, under the name of J. Russell & Co., made a contract, a copy whereof is hereto annexed. And the plaintiff says that all of the conditions, covenants and agreements in said contract made on the part of the plaintiff have been faithfully observed and performed, or expressly waived by the defendant. But the defendant has not, though often requested so to do, paid to the plaintiff annually the sum of three thousand dollars in quarterly instalments, as in the fifth article of said agreement he…
1Opinion of the CourtMobton, J.
The contract declared on purports to be a contract between the plaintiffs and the defendant. Throughout the body of the instrument, the plaintiffs are described as the contracting party of the first part. It was accepted and acted upon by both parties as the contract of the plaintiffs. Though the agents of the plaintiffs, who executed it, did not attach to their signature the word “ agents,” or other word indicating that they signed it in a representative capacity, yet the plaintiffs are bound by it, and may maintain a suit upon it, as their contract. The ruling of the Superior Court to this…
2Cited by9 opinions
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