Stoops v. Smith
Massachusetts Supreme Judicial Court
Contract against a trader in sewing machines in Worcester on the following agreement signed by him : “ Worcester, August 30, 1866. I promise to pay Walter Stoops the sum of fifty dollars for inserting business card in two hundred copies of his advertising chart; to be paid when the chart is published and the card appears to the exclusion of all others in the sewing machine trade.”
Read the full summary
Contract against a trader in sewing machines in Worcester on the following agreement signed by him : “ Worcester, August 30, 1866. I promise to pay Walter Stoops the sum of fifty dollars for inserting business card in two hundred copies of his advertising chart; to be paid when the chart is published and the card appears to the exclusion of all others in the sewing machine trade.” The declaration alleged the full performance of ‘,he condition by the plaintiff, and the defendant’s refusal nevertheless to pay the stipulated sum on demand. The answer alleged that any sum which the defendant…
1Opinion of the CourtWells, J.
The writing, upon which this action is brought, contains a promise on the part of the defendant only. It recites, imperfectly and in general terms, the agreement to be performed on the part of the plaintiff, as the consideration upon which the promise of the defendant is made. At the trial, the defendant offered evidence to show the whole arrangement between the parties; particularly the representations of the plaintiff as to the material of which the chart was to be made, and the manner in which it would be published; and contended that he was not bound to pay, because the plaintiff had…
2Cases cited4 opinions
- Bradley v. Washington, Alexandria, & Georgetown Steam Packet Co.Supreme Court of the United States · 1839
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Hart v. HammettSupreme Court of Vermont · 1846
- Foster v. WoodsMassachusetts Supreme Judicial Court · 1819
3Cited by93 opinions
- Robert Industries, Inc. v. SpenceMassachusetts Supreme Judicial Court · 1973
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- West v. SmithSupreme Court of the United States · 1879
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Kennedy Bros. v. BirdMassachusetts Supreme Judicial Court · 1934
88 more not listed; retrieve them via the Exa API.