Mittenthal v. Mascagni
Massachusetts Supreme Judicial Court
Contract, for alleged breach of an agreement in writing by the refusal of the defendant after part performance to render further services called for by the contract, under which the plaintiffs had paid to the defendant the sum of $14,000. Writ dated November 10,1902. In the Superior Court the case came on to be heard before Richardson, J., who ruled that the provision of the contract quoted by the court, giving exclusive jurisdiction to the courts of Florence, Italy, was not…
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Contract, for alleged breach of an agreement in writing by the refusal of the defendant after part performance to render further services called for by the contract, under which the plaintiffs had paid to the defendant the sum of $14,000. Writ dated November 10,1902. In the Superior Court the case came on to be heard before Richardson, J., who ruled that the provision of the contract quoted by the court, giving exclusive jurisdiction to the courts of Florence, Italy, was not a bar to the action, and overruled a motion to dismiss, an answer in abatement and a demurrer. The defendant appealed,…
1Opinion of the CourtKnowlton, C. J.
This case comes before us on a report from the Superior Court submitting the question whether there was an error of the presiding judge in overruling the motion to dismiss, the answer in abatement, and demurrer filed by the defendant, and in ruling that the fifteenth paragraph of the contract between the plaintiffs and defendant, upon certain facts agreed, was not a bar to the prosecution of the action in this Commonwealth. The contract referred to was made in Florence, Italy, where the defendant, a subject of the King of Italy, had his home, and where the plaintiffs, citizens of the State of…
2Cases cited15 opinions
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Daley v. People's Building, Loan & Saving Ass'nMassachusetts Supreme Judicial Court · 1901
- Hood v. HartshornMassachusetts Supreme Judicial Court · 1868
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
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3Cited by50 opinions
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- George Lambert, D/B/A Rainbow Fruit v. Sam Kysar and Joan Kysar, D/B/A Lewis River Tree FarmCourt of Appeals for the First Circuit · 1993
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Wm. H. Muller & Co., Inc. v. Swedish American Line Ltd. And Transatlantic Steamship Company, Ltd.Court of Appeals for the Second Circuit · 1955
- Steranko v. Inforex, Inc.Massachusetts Appeals Court · 1977
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