Bridge v. Austin
Massachusetts Supreme Judicial Court
This was an action pending in the county of Middlesex. The declaration was “ in a plea of the case for that the said David, at Boston, viz., at Charlestown aforesaid, on the twenty-second day of October, in the year of our Lord 1805, in consideration that the plaintiff had made him, the said David, his bailiff of one case of linens of the value of five hundred dollars, and had agreed to allow and pay him a commission of five per cent, on the proceeds .of the sale thereof,…
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This was an action pending in the county of Middlesex. The declaration was “ in a plea of the case for that the said David, at Boston, viz., at Charlestown aforesaid, on the twenty-second day of October, in the year of our Lord 1805, in consideration that the plaintiff had made him, the said David, his bailiff of one case of linens of the value of five hundred dollars, and had agreed to allow and pay him a commission of five per cent, on the proceeds .of the sale thereof, promised the plaintiff to transport the same linen to Charleston, in the state of South Carolina, at his, the said…
1Opinion of the Court
The cause was continued nisi; and now at this term the opinion of the Court was delivered as follows by
Parsons, C. J.
We have considered the memorandum given in evidence, and are all satisfied that the construction of it is agreeable to the direction of the judge, and that the verdict cannot be set aside for his misdirection supposed by the defendant. Indeed, the construction, for which the defendant contends, cannot be admitted; because it is repugnant not only to the express words, but to the manifest intent of the parties.
But in looking into the declaration, it clearly appears to us that…
2Cited by12 opinions
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- Texas and New Orleans Railroad Co. v. H. Rouw Co.Court of Appeals of Texas · 1954
- Cole v. NeustadterOregon Supreme Court · 1892
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