George N. Pierce Co. v. Beers
Massachusetts Supreme Judicial Court
Contract, with counts in tort, by a corporation manufacturing bicycles against one of its salesmen. Writ dated June 8, 1898. The declaration was as follows : First count: On or about the fifteenth day of December, 1896, the plaintiff and the defendant entered into a contract whereby, in consideration that the plaintiff would employ the defendant as a salesman for the goods manufactured and sold by the plaintiff, the defendant agreed with the plaintiff to enter such…
Read the full summary
Contract, with counts in tort, by a corporation manufacturing bicycles against one of its salesmen. Writ dated June 8, 1898. The declaration was as follows : First count: On or about the fifteenth day of December, 1896, the plaintiff and the defendant entered into a contract whereby, in consideration that the plaintiff would employ the defendant as a salesman for the goods manufactured and sold by the plaintiff, the defendant agreed with the plaintiff to enter such employment and to serve the plaintiff faithfully therein, and to sell the goods of the plaintiff at such prices and on such terms…
1Opinion of the CourtSheldon, J.
The defendant’s answer to the plaintiff’s declaration was a general denial. The case was referred to an auditor, who heard evidence offered by both parties and made a report. At the trial in the Superior Court, after the pleadings were read, the defendant asked the judge to rule that neither the first nor the second count of the declaration set out any cause of action against the defendant or assigned any breach by him of any contract; and the first question that comes before us is raised by the defendant’s exception to the refusal of the judge so to rule. The auditor states in his report…
2Cases cited7 opinions
- Downs v. HawleyMassachusetts Supreme Judicial Court · 1873
- Smith v. TownsendMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. CooperMassachusetts Supreme Judicial Court · 1881
- Goodell v. GoodellMassachusetts Supreme Judicial Court · 1899
- Foster v. LeachMassachusetts Supreme Judicial Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mitchell v. LonerganMassachusetts Supreme Judicial Court · 1934
- Quinton's Market, Inc. v. PattersonMassachusetts Supreme Judicial Court · 1939
- Garfield & Proctor Coal Co. v. Pennsylvania Coal & Coke Co.Massachusetts Supreme Judicial Court · 1908
- Binder v. MillikinCourt of Appeals of Texas · 1918
- Witherington v. NickersonMassachusetts Supreme Judicial Court · 1926
7 more not listed; retrieve them via the Exa API.