North Packing & Provision Co. v. Lynch
Massachusetts Supreme Judicial Court
Contract for the price of one hundred cases of eggs alleged to have been sold to the defendant by the plaintiff. Writ in the Municipal Court of the City of Boston dated March 17, 1906. On appeal to the Superior Court, the case was tried before Bell, J. The plaintiff offered the following writing, which was signed by the defendant: “ T. H. Lynch Estate. 4-13-05 “ 100 Cases Eggs, 3000-19c. Storage rate of 42c. per case for season.
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Contract for the price of one hundred cases of eggs alleged to have been sold to the defendant by the plaintiff. Writ in the Municipal Court of the City of Boston dated March 17, 1906. On appeal to the Superior Court, the case was tried before Bell, J. The plaintiff offered the following writing, which was signed by the defendant: “ T. H. Lynch Estate. 4-13-05 “ 100 Cases Eggs, 3000-19c. Storage rate of 42c. per case for season. He to make deposits of $1. per case upon delivery into storage. He to pay interest at 6 % on amount exceeding deposits of |1 per case. “ Bate of storage expires Jan.…
1Opinion of the CourtRugg, J.
The instrument in writing offered by the plaintiff is not a contract of sale. But one party is named. At least two persons are required to make a contract. No reference to or description of the plaintiff in any form appears upon the paper, the defendant alone being named. It is an essential element of any valid contract in writing that the contracting parties should be described. Sanborn v. Flagler, 9 Allen, 474. Potter v. Duffield, L. R. 18 Eq. 4. Williams v. Lake, 2 El. & El. 349. Jarrett v. Hunter, 34 Ch. D. 182. The writing probably at most does not rise above the dignity of a mere memo*206ran…
2Cases cited3 opinions
- Edgar v. Joseph Breck & Sons Corp.Massachusetts Supreme Judicial Court · 1899
- Stacy v. KempMassachusetts Supreme Judicial Court · 1867
- Atwater v. ClancyMassachusetts Supreme Judicial Court · 1871
3Cited by14 opinions
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
- Virginian Export Coal Co. v. Rowland Land Co.West Virginia Supreme Court · 1926
- Shofler v. JordanMissouri Court of Appeals · 1955
- Fichera v. City of LawrenceMassachusetts Supreme Judicial Court · 1942
- Zampatella v. Thomson-Crooker Shoe Co.Massachusetts Supreme Judicial Court · 1924
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