Willett v. Smith
Massachusetts Supreme Judicial Court
Contract upon an agreement by the defendants’ intestate, William F. Whittemore, to purchase the capital stock of the Walpole Card Clothing Company on terms set out in a memorandum described below. Writ dated April 30, 1907. In the Superior Court the case was heard by Lawton, J. The memorandum relied on by the plaintiff contained, under the heading, “Balance Sheet, Mar. 1,1905,” a tabulated statement in the nature of a trial balance.
Read the full summary
Contract upon an agreement by the defendants’ intestate, William F. Whittemore, to purchase the capital stock of the Walpole Card Clothing Company on terms set out in a memorandum described below. Writ dated April 30, 1907. In the Superior Court the case was heard by Lawton, J. The memorandum relied on by the plaintiff contained, under the heading, “Balance Sheet, Mar. 1,1905,” a tabulated statement in the nature of a trial balance. On the debit side were items of machinery and fixtures, plant supplies, construction, cash, travel-ling expenses, pay roll, discount, merchandise, expense and…
1Opinion of the CourtSheldon, J.
It has been contended that the agreement sued on is too indefinite and uncertain to afford ground for an action. *497The memorandum of the agreement, besides other things, contains a schedule of the assets and liabilities of the Walpole Card Clothing Company, the chief item of the latter being an indebtedness to the plaintiff; provides for the determination of the value of the assets; fixes a date for the transfer of the business, and a later date for the settlement in cash “for the value of stock as determined above and account due” to the plaintiff; and it concludes with the words “Memo, of…
2Cases cited16 opinions
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Smith v. Vose & Sons Piano Co.Massachusetts Supreme Judicial Court · 1907
- Lee v. ButlerMassachusetts Supreme Judicial Court · 1897
- Jennings v. PufferMassachusetts Supreme Judicial Court · 1909
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Batter Building Materials Co. v. KirschnerSupreme Court of Connecticut · 1954
- Bertero v. Superior Court of Los Angeles CountyCalifornia Court of Appeal · 1963
- Butler v. PrussianMassachusetts Supreme Judicial Court · 1925
- Gardner v. DenisonMassachusetts Supreme Judicial Court · 1914
- Pearlstein v. NovitchMassachusetts Supreme Judicial Court · 1921
8 more not listed; retrieve them via the Exa API.