Cutter v. Demmon
Massachusetts Supreme Judicial Court
Contract by James M. Cutter, Levi L. Tower, Stephen A. Tower and Isaac L. Kidder, partners, under the style of Cutter, Tower & Company.
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Contract by James M. Cutter, Levi L. Tower, Stephen A. Tower and Isaac L. Kidder, partners, under the style of Cutter, Tower & Company. The first count of the declaration alleged that the plaintiffs were possessed of 112 shares of the capital stock of the Butler Colliery Company; that the defendant requested them to put their said stock in his hands for sale; that they did so put their stock in his hands, and he agreed, in consideration thereof, to sell it at the same terms as his own; that he sold his own stock for $60 a share, and also 56 shares of the plaintiffs’ at the same rate, and owed…
1Opinion of the CourtWells, J.
The evidence would warrant a jury in finding that there was an understanding between the plaintiffs and the defendant that whenever the defendant should sell his own stock he would sell that of the plaintiffs, and that he was authorized to sell for them at the same price as he sold for himself; that this arrangement or understanding was still subsisting at the time of the transactions in question; and that 56 shares of their stock were transferred by the plaintiffs and delivered to the defendant, through Daniel L. Demmon, for the purpose of being sold in pursuance thereof. Or they might find,…
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