Marble v. Standard Oil Co.
Massachusetts Supreme Judicial Court
Contract, in five counts. The first count alleged an agreement by the defendant not to interfere with the plaintiffs’ sale of oil in Worcester and its vicinity, by itself selling certain brands named within the same territory, from tank wagons or otherwise, to retailers and consumers of the defendant’s oil.
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Contract, in five counts. The first count alleged an agreement by the defendant not to interfere with the plaintiffs’ sale of oil in Worcester and its vicinity, by itself selling certain brands named within the same territory, from tank wagons or otherwise, to retailers and consumers of the defendant’s oil. The second count alleged an agreement by the defendant to sell the plaintiffs all kinds of refined oils at such a price as to make the price to the plaintiffs one fourth of a cent per gallon less than the price at which it should sell the same quality of oil to E. T. Smith and Company, the…
1Opinion of the CourtKnowlton, J.
There was evidence that Burton was an agent who might bind the defendant by any proper contract for the sale of oil. If we. assume, in favor of the plaintiffs, that some or all of the conversations relied on were in the course of his agency, so that they may be used in evidence against the *559defendant, we must consider what relations between the parties they tend to show.
In none of the counts of the plaintiffs’ declaration is it averred that the plaintiffs have had or were to have the sole agency for the sale of the defendant’s oils, or the exclusive right to sell them, in Worcester or in any…
2Cited by27 opinions
- Varney v. . DitmarsNew York Court of Appeals · 1916
- Childs v. City of ColumbiaSupreme Court of South Carolina · 1911
- Stonega Coal & Coke Co. v. Louisville & Nashville RailroadSupreme Court of Virginia · 1906
- Noble v. Mead-Morrison Manufacturing Co.Massachusetts Supreme Judicial Court · 1921
- Finlay v. SwirskySupreme Court of Connecticut · 1925
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