Fish v. Gates
Massachusetts Supreme Judicial Court
Contract by Henry C. Fish and Charles W. Stone, “ formerly copartners as Henry C. Fish & Company,” in three counts for work and labor. The first two counts were upon an account annexed, and the third count was upon a special contract.
Read the full summary
Contract by Henry C. Fish and Charles W. Stone, “ formerly copartners as Henry C. Fish & Company,” in three counts for work and labor. The first two counts were upon an account annexed, and the third count was upon a special contract. Writ dated May 31, 1881. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: It was in evidence that the defendant made a special contract with the plaintiffs, who were then copartners, by which they were to do certain specified work, at a certain fixed price per set, upon fifty sets of table irons, which…
1Opinion of the CourtMorton, C. J.
The defendant made a special contract with the plaintiffs as copartners to do work for him. In any suit to enforce this contract or any liability growing out of it, both partners must be joined as plaintiffs. The defendant contracted with them jointly, not with either of them separately. The dissolution of the partnership before the work was completed had no effect upon the rights or liability of the defendant. It did not authorize the plaintiffs to sever the contract and sue the defendant separately. They must still sue jointly. Page v. Wolcott, 15 Gray, 536. Having fully performed the…
2Cases cited1 opinion
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
3Cited by12 opinions
- Shapira v. BudishMassachusetts Supreme Judicial Court · 1931
- Roehm v. HorstCourt of Appeals for the Third Circuit · 1898
- Holman v. UpdikeMassachusetts Supreme Judicial Court · 1911
- Thomas v. BensonMassachusetts Supreme Judicial Court · 1928
- Egan v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1929
7 more not listed; retrieve them via the Exa API.