O'Shea v. Vaughn
Massachusetts Supreme Judicial Court
Contract or tort, with a declaration in six counts. The case was submitted to the jury only upon the second, fourth and sixth counts.
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Contract or tort, with a declaration in six counts. The case was submitted to the jury only upon the second, fourth and sixth counts. Writ in the Superior Court for the county of Essex dated February 6, 1906. The second count alleged a breach of the contract of June 4, 1903, set out below, and sought a return to the plaintiff of the sum of $15,000 therein mentioned, with interest from July 1, 1903. The fourth count alleged a breach of the contract of July 2, 1903, set out below, and sought a repayment to the plaintiff in accordance with its terms. The sixth count alleged that on June 4, 1903,…
1Opinion of the CourtHammond, J.
There was no question that the contracts were signed on their respective dates, that the $15,000 was paid by the plaintiff to the defendant as stated in the first agreement, and that no part of it has been returned to him. The jury were instructed that the second and sixth counts were substantially for the same cause of action, and that in each of these counts the plaintiff seeks to enforce his right to recover upon the first contract. They were further instructed in substance that in order to recover under either of these counts the plaintiff must show that the machine failed to work…
2Cases cited19 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hammond v. . PennockNew York Court of Appeals · 1874
- Batman v. MegowanCourt of Appeals of Kentucky · 1859
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
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3Cited by26 opinions
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
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- Commissioner of Banks v. Chase Securities Corp.Massachusetts Supreme Judicial Court · 1937
- McGrath v. C. T. Sherer Co.Massachusetts Supreme Judicial Court · 1935
- Rudnick v. RudnickMassachusetts Supreme Judicial Court · 1932
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