Deane v. American Glue Co.
Massachusetts Supreme Judicial Court
Contract or tort. Writ in the Superior Court for the county of Suffolk dated September 19, 1907. The first count in the declaration was on an account annexed containing charges for various quantities of glue, and, accompanying each such charge, an item, “ 2-|- % for buying.”
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Contract or tort. Writ in the Superior Court for the county of Suffolk dated September 19, 1907. The first count in the declaration was on an account annexed containing charges for various quantities of glue, and, accompanying each such charge, an item, “ 2-|- % for buying.” The second count, “ for the same cause of action as count one,” alleged that the arrangement described in the first paragraph of the opinion was made by the plaintiffs with the defendant through its agent, one Cummings, and that the plaintiffs sought recovery according to the account annexed to the first count. The third…
1Opinion of the CourtBraley, J.
It was undisputed that the plaintiffs were co-partners doing business as “ electrical contractors,” but never had dealt in glue until, at his suggestion, they entered into an arrangement or contract with one Cummings, who was a glue broker and jobber, whereby they permitted him to use their name and credit in the purchase and resale of glue to be invoiced and billed in their names, in consideration that on all sales they were to receive a commission of two and one half per cent. In acting for them, it further appears, that with their knowledge and assent he fixed the price for which glue…
2Cases cited5 opinions
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Metcalf v. WilliamsMassachusetts Supreme Judicial Court · 1887
- Cushman v. SnowMassachusetts Supreme Judicial Court · 1904
- Phenix Nerve Beverage Co. v. Dennis & Lovejoy Wharf & Warehouse Co.Massachusetts Supreme Judicial Court · 1905
- Magnolia Metal Co. v. GaleMassachusetts Supreme Judicial Court · 1906
3Cited by11 opinions
- American Casualty Co. v. RicasCourt of Appeals of Maryland · 1941
- DuBois v. PowdrellMassachusetts Supreme Judicial Court · 1930
- Commonwealth v. CrapoMassachusetts Supreme Judicial Court · 1912
- Lajoie v. MillikenMassachusetts Supreme Judicial Court · 1922
- Rolfe v. TuftsMassachusetts Supreme Judicial Court · 1914
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