Woodruff v. Wentworth
Massachusetts Supreme Judicial Court
Contract. The declaration was as follows: “ And the plaintiff says that the defendant, on or about the tenth day of October 1878, in consideration that the plaintiff would assent to the election of William H. Pray as manager of the American Carpet Lining Company, in the defendant’s place, upon the sale by the defendant of his stock in said American Carpet Lining Company, a corporation duly established under the laws of this Commonwealth, whereof the plaintiff and the…
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Contract. The declaration was as follows: “ And the plaintiff says that the defendant, on or about the tenth day of October 1878, in consideration that the plaintiff would assent to the election of William H. Pray as manager of the American Carpet Lining Company, in the defendant’s place, upon the sale by the defendant of his stock in said American Carpet Lining Company, a corporation duly established under the laws of this Commonwealth, whereof the plaintiff and the defendant were members, promised and agreed with the plaintiff to pay him the sum of $500 when certain bonuses were paid to the…
1Opinion of the CourtField, J.
The instruction to the jury, “ that if any consideration other than the one declared upon is shown to have been actually paid or received, this is not a variance which prevents the plaintiff’s recovery, but the action may still be maintained,” was erroneous. The consideration must be proved as alleged. Stone v. White, 8 Gray, 589.
The declaration alleged that the defendant’s promise was “ in consideration that the plaintiff would assent to the election of William H. Pray as manager of the American Carpet Lining Company, in the defendant’s place,” &e. There was evidence that the consideration…
2Cases cited1 opinion
- Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
3Cited by35 opinions
- West v. CamdenSupreme Court of the United States · 1890
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- Thomas v. MatthewsOhio Supreme Court · 1916
- Leadbetter v. PriceOregon Supreme Court · 1921
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
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