O'Connell v. Mount Holyoke College
Massachusetts Supreme Judicial Court
Contract, to recover a balance due on the following order: “ Holyoke, Mass. Jany. 7th, 1897. “ To A. L. Williston, Esq., “ Treas. of Mt. Holyoke College. “ I hereby authorize you to pay to Daniel O’Connell’s Sons, on the tenth day of each month such sums of money as may become due for all brick delivered during the preceding month. Payments to be made on a basis of seventy-five per cent, as shown by statements presented on the first day of each month.
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Contract, to recover a balance due on the following order: “ Holyoke, Mass. Jany. 7th, 1897. “ To A. L. Williston, Esq., “ Treas. of Mt. Holyoke College. “ I hereby authorize you to pay to Daniel O’Connell’s Sons, on the tenth day of each month such sums of money as may become due for all brick delivered during the preceding month. Payments to be made on a basis of seventy-five per cent, as shown by statements presented on the first day of each month. All statements presented shall correspond to the tickets issued and signed by said Auguste Chas. Valadier, showing the amount of brick…
1Opinion of the CourtKnowlton, J.
The principal question in this case is whether the defendant bound itself by an oral acceptance or promise to pay in accordance with the terms of .the order or authorization delivered to the plaintiffs by Valadier. It appears that Willis-ton, the defendant’s treasurer, wrote to the plaintiffs when the order was received, saying that the defendant’s representatives did not accept orders, but promised in his letter to place this one on file, and to pay upon it so long as it seemed to them reasonable and expedient so to do. Thereupon one of the plaintiffs, accompanied by his attorney, visited…
2Cases cited8 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
- Cook v. WolfendaleMassachusetts Supreme Judicial Court · 1870
- Bugbee v. KendrickenMassachusetts Supreme Judicial Court · 1881
- Cook v. BaldwinMassachusetts Supreme Judicial Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Griffin v. CunninghamMassachusetts Supreme Judicial Court · 1903
- Kalker v. BailenMassachusetts Supreme Judicial Court · 1935
- Ribock v. CannerMassachusetts Supreme Judicial Court · 1914
- Alexander v. DoveMassachusetts Supreme Judicial Court · 1918
- Miles v. DriscollMassachusetts Supreme Judicial Court · 1909
2 more not listed; retrieve them via the Exa API.