Whitcomb v. Whitcomb
Massachusetts Supreme Judicial Court
Contract against an executrix upon a contract in writing made by the defendant’s testator with the plaintiff, his son, set out below.
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Contract against an executrix upon a contract in writing made by the defendant’s testator with the plaintiff, his son, set out below. Writ dated May 25, 1911. In the Superior Court the case was tried before Stevens, J. There was evidence tending to show that the defendant’s testator and one Raymond and one Neville were stockholders, and that the plaintiff was an employee, of the Raymond and Whitcomb Company, a corporation, that the plaintiff procured by purchase the stock of Neville and part of that of the defendant’s testator and that, having thus become the controlling stockholder, he was…
1Opinion of the CourtBealet, J.
The defendant having admitted the making of the contract, on which after deducting payments a balance remained due, unless it had been mutually rescinded, the only issue tried and submitted to the jury was the question of rescission, with the burden on the plaintiff of proving an enforceable agreement. Graham v. Middleby, 185 Mass. 349.
The testator and promisor was the plaintiff’s father, and their business and paternal and filial relations in controversy range over a period of more than five years, ending only with the father’s death. The undisputed testimony shows that from time to time the…
2Cases cited12 opinions
- Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Perkins v. RiceMassachusetts Supreme Judicial Court · 1904
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
- Brewer v. CaseyMassachusetts Supreme Judicial Court · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Rothwell v. First National BankMassachusetts Supreme Judicial Court · 1934
- Little v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1916
- Hasey v. City of BostonMassachusetts Supreme Judicial Court · 1917
3 more not listed; retrieve them via the Exa API.