Adams v. Hill
Supreme Judicial Court of Maine
During the time that this action of assumpsit was pending in this Court, it was submitted to referees, who made a special report. On June 24, 1836, a contract in writing was made, purporting to be a contract between the building committee of St. Johns Church in Bangor, consisting of five persons, of whom the defendant, Bayes, was one, but it was signed by the plaintiff, and by Bayes only.
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During the time that this action of assumpsit was pending in this Court, it was submitted to referees, who made a special report. On June 24, 1836, a contract in writing was made, purporting to be a contract between the building committee of St. Johns Church in Bangor, consisting of five persons, of whom the defendant, Bayes, was one, but it was signed by the plaintiff, and by Bayes only. By the contract, the plaintiff undertook to lath and plaster the inside of the church and vestry, in a particular manner mentioned, within thirty-three days of the date, for $13GQ, “one half to be paid when…
1Opinion of the Court
The opinion of the Court was afterwards prepared by
Weston C. J.•.The counsel for the defendants having waived all objection to the testimony, the facts of the case are settled by the report of the referees. By that it appears, that the instrument of June 24, 1836, was never an executed contract. It was manifestly left incomplete. For although it was signed by the plaintiff, it had the signature of only one of the building committee of Saint Johns Church, of whom there were five. The corporation therefore were not bound, even if the building committee had authority to enter into the contract.…
2Cases cited2 opinions
- Kupfer v. Inhabitants of the South Parish in AugustaMassachusetts Supreme Judicial Court · 1815
- Forseth v. ShawMassachusetts Supreme Judicial Court · 1813
3Cited by3 opinions
- Whittlesey v. Herbrand Co.Michigan Supreme Court · 1922
- Wells v. Hocking Valley Coal Co.Supreme Court of Iowa · 1908
- Kehoe v. BlethenNevada Supreme Court · 1876