Bishop v. Palmer
Massachusetts Supreme Judicial Court
Contract. Writ dated November 1, 1886. The first count of the declaration alleged that the defendants owed the plaintiff $2,500 for breach of a written agreement signed by the parties and annexed thereto, the material parts of which were as follows: “ This agreement, made this sixteenth day of March, A. D. 1886, by and between Robert Bishop, of Boston in the Commonwealth of Massachusetts, party of the first part, and Elisha L. Palmer, Frank L. Palmer, Edward A. Palmer, and…
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Contract. Writ dated November 1, 1886. The first count of the declaration alleged that the defendants owed the plaintiff $2,500 for breach of a written agreement signed by the parties and annexed thereto, the material parts of which were as follows: “ This agreement, made this sixteenth day of March, A. D. 1886, by and between Robert Bishop, of Boston in the Commonwealth of Massachusetts, party of the first part, and Elisha L. Palmer, Frank L. Palmer, Edward A. Palmer, and George S. Palmer, copartners together, doing business under the firm name and style of Palmer Brothers, at Montville in…
1Opinion of the CourtC. Allen, J.
The defendants’ promise which is declared on was made in consideration of the sale and delivery of the business, plant, property, and contracts of the plaintiff, and of his faithful performance of the covenants and agreements contained in the written instrument signed by the parties. The parties made no apportionment or separate valuation of the different elements of the consideration. The business, plant, property, contracts, and covenants were all combined as forming one entire consideration. There is no way of ascertaining what valuation was put by the parties upon either portion of it.…
2Cases cited7 opinions
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Dean v. EmersonMassachusetts Supreme Judicial Court · 1869
- Woodruff v. WentworthMassachusetts Supreme Judicial Court · 1882
- Morse Twist Drill & Machine Co. v. MorseMassachusetts Supreme Judicial Court · 1869
- Augustus v. SeaboltCourt of Appeals of Kentucky · 1860
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3Cited by48 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Sherman v. PfefferkornMassachusetts Supreme Judicial Court · 1922
- Edwards County v. JenningsTexas Supreme Court · 1896
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Edgecomb v. EdmonstonMassachusetts Supreme Judicial Court · 1926
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