J. P. Eustis Manufacturing Co. v. Saco Brick Co.
Massachusetts Supreme Judicial Court
Bill in equity filed in the Superior Court for the county of Suffolk May 24,1907. The allegations of the bill were as follows in substance: On April 1, 1906, The Bruce-Merriam-Abbott Company, an Ohio corporation, was engaged in the manufacture and sale at Cleveland, Ohio, of gas engines, and had works at Cleveland, Ohio, where engines which it sold were manufactured and tested, and also had printed forms of contracts intended to be made by it with purchasers of its engines.
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Bill in equity filed in the Superior Court for the county of Suffolk May 24,1907. The allegations of the bill were as follows in substance: On April 1, 1906, The Bruce-Merriam-Abbott Company, an Ohio corporation, was engaged in the manufacture and sale at Cleveland, Ohio, of gas engines, and had works at Cleveland, Ohio, where engines which it sold were manufactured and tested, and also had printed forms of contracts intended to be made by it with purchasers of its engines. On that date the plaintiff was a general agent of The Bruce-Merriam-Abbott Company, had possession of its printed form…
1Opinion of the CourtBraley, J.
By the terms of the contract in its present form no invalidity appears, and both principal and agent could be held by the defendant for the performance of the promise. The plaintiff, if an agent, would be liable because of an unrestricted undertaking to perform, while The Bruce-Merriam-Abbott Company, which is referred to as its principal, could be reached, because oral evidence might be introduced to prove that it was the real party in interest. Brown v. Bradlee, 156 Mass. 28. Crawford v. Moran, 168 Mass. 446, 449. The plaintiff having been sued at law for an alleged breach, unless it pleads…
2Cases cited27 opinions
- Griswold v. HazardSupreme Court of the United States · 1891
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Paine v. . UptonNew York Court of Appeals · 1882
- Harrison v. TalbotCourt of Appeals of Kentucky · 1834
22 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
- Mickelson v. BarnetMassachusetts Supreme Judicial Court · 1984
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1919
29 more not listed; retrieve them via the Exa API.