Foster v. Graham
Massachusetts Supreme Judicial Court
Contract, on an account annexed, to recover the price of a car-load of laths. Answer, a general denial, and payment. Trial in the Superior Court, before Maynard, J., who allowed a bill of exceptions in substance as follows.
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Contract, on an account annexed, to recover the price of a car-load of laths. Answer, a general denial, and payment. Trial in the Superior Court, before Maynard, J., who allowed a bill of exceptions in substance as follows. The plaintiff, who was a wholesale lumber dealer in Boston, testified by deposition that on July 25, 1894, one Marshall, with whom he had previously dealt, came to him and told him that the defendants wanted to buy a car-load of laths, and, at the plaintiff’s request, Marshall agreed to see the defendants, and to give them the order for the car-load of laths and the…
1Opinion of the CourtField, C. J.
In Barry v. Page, 10 Gray, 398, it is said: “ As the contract of an agent is in law the contract of the principal, the latter may come forward and sue thereon, although at the time the. contract was made the agent acted as and appeared to be the principal. There is a qualification of the rule, by which it is held that when a contract has been made for an undisclosed principal, who permits his agent to act as apparent principal in the transaction, the right of the former to intervene and bring suit in his own name is not allowed in any way to affect or impair the right of the other contracting…
2Cases cited2 opinions
- Wright v. . CabotNew York Court of Appeals · 1882
- Stinson v. GouldIllinois Supreme Court · 1874
3Cited by14 opinions
- Cushman v. SnowMassachusetts Supreme Judicial Court · 1904
- Doucette v. BaldwinMassachusetts Supreme Judicial Court · 1907
- Sullivan v. ShailorSupreme Court of Connecticut · 1898
- Aluminum Products Co. v. Regal Apparel Co.Massachusetts Supreme Judicial Court · 1936
- Howell v. First of Boston International Corp.Massachusetts Supreme Judicial Court · 1941
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