Merrigan v. Hall
Massachusetts Supreme Judicial Court
Contract, on a written order. The defendant filed a declaration in set-off. At the trial in the Superior Court before Hardy, J., the jury found in each verdict the full amount claimed by each party with interest; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
The defendant signed and gave to the plaintiff, a newspaper publisher, an order in writing, requesting him to insert a certain advertisement for one year, “ for which I will pay the sum of -$60. Payable monthly.” In an action on this agreement, the defendant sought to show by oral testimony that the plaintiff before the order was signed, agreed to take his pay “ in teams.” This evidence was excluded, and the only exception relied on is to its exclusion.
It seems to us too plain for argument, that the evidence offered tended to vary one of the express terms of a written contract, and was…
2Cases cited12 opinions
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Phillips v. Inhabitants of MarbleheadMassachusetts Supreme Judicial Court · 1889
- Eames v. WhittakerMassachusetts Supreme Judicial Court · 1877
- Shurtleff v. ParkerMassachusetts Supreme Judicial Court · 1881
- Carr v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
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3Cited by6 opinions
- Hill v. HallMassachusetts Supreme Judicial Court · 1906
- McCusker v. GeigerMassachusetts Supreme Judicial Court · 1907
- Western Newspaper Union v. DittemoreMassachusetts Supreme Judicial Court · 1928
- Pelonsky v. WattendorfMassachusetts Supreme Judicial Court · 1926
- Taylor v. GodingMassachusetts Supreme Judicial Court · 1902
1 more not listed; retrieve them via the Exa API.