Somerby v. Buntin
Massachusetts Supreme Judicial Court
Bill ie equity filed January 9, 1872, by John P. Somerby and Jeremiah Prescott, alleging the following facts: The defendant in the year 1865, and the early part of the year ;1866, invented a new and useful improvement in seats for railroad passenger cars, and, being desirous to obtain letters patent therefor from the government of the United States, or otherwise to so use or dispose of his invention as to realize money therefrom, but not having the pecuniary means to pay.…
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Bill ie equity filed January 9, 1872, by John P. Somerby and Jeremiah Prescott, alleging the following facts: The defendant in the year 1865, and the early part of the year ;1866, invented a new and useful improvement in seats for railroad passenger cars, and, being desirous to obtain letters patent therefor from the government of the United States, or otherwise to so use or dispose of his invention as to realize money therefrom, but not having the pecuniary means to pay. the expenses of obtaining said letters patent, or otherwise putting his invention favorably upon the market, applied to…
1Opinion of the CourtGray, C. J.
The causes assigned in the demurrer are, 1st, that the contract sought to be enforced is not in writing; 2d, that it is against the course and practice, and not within the jurisdiction of this court, to entertain suits for the specific performance of oral contracts; 3d, that the plaintiffs have not stated such a case as entitles them to any discovery or relief in equity.
1. In support of the first cause assigned, the defendant relies on the section of the statute of frauds relating to the sale of goods, wares or merchandise; Gen. Sts. c. 105, § 5; and also on the clause of the same statute…
2Cases cited8 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Doyle v. DixonMassachusetts Supreme Judicial Court · 1867
- Binney v. AnnanMassachusetts Supreme Judicial Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
- Karrick v. HannamanSupreme Court of the United States · 1897
- Carnig v. CarrMassachusetts Supreme Judicial Court · 1897
- Air Technology Corp. v. General Electric Co.Massachusetts Supreme Judicial Court · 1964
- McMurtrie v. GuilerMassachusetts Supreme Judicial Court · 1903
51 more not listed; retrieve them via the Exa API.