American Historical Society, Inc. v. Storer
Massachusetts Supreme Judicial Court
TWO ACTIONS, OF CONTRACT and CONTRACT AND TORT, the first action by the American Historical Society, Incorporated, against Elizabeth H. Storer, upon a contract in writing by which the plaintiff was to execute for the defendant a steel plate portrait, dark background, of Robert Boyd Storer and print and insert it in a work called the “Memorial Encyclopedia of the State of Massachusetts,” for which the defendant promised to pay the plaintiff or order the sum of $300, payment…
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TWO ACTIONS, OF CONTRACT and CONTRACT AND TORT, the first action by the American Historical Society, Incorporated, against Elizabeth H. Storer, upon a contract in writing by which the plaintiff was to execute for the defendant a steel plate portrait, dark background, of Robert Boyd Storer and print and insert it in a work called the “Memorial Encyclopedia of the State of Massachusetts,” for which the defendant promised to pay the plaintiff or order the sum of $300, payment to be made upon submission of artist’s proof, the declaration alleging that the plaintiff had performed fully its part of…
1Opinion of the CourtBraley, J.
The plaintiff, to which reference will be made as the society, sues in the first action for the price of a book entitled “Memorial Encyclopedia of the State of Massachusetts,” while the plaintiff in the second action, hereafter called the subscriber, seeks to recover back the amount paid to the society for the insertion in the book in connection with his biography, of a portrait and coat of arms of her father. The subscriber rests her right to reclamation, as well as her denial of liability, on the common ground shown by her requests for rulings and findings, which comprise all the material…
2Cases cited11 opinions
- De Witt v. BerrySupreme Court of the United States · 1890
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Inter-State Grocer Co. v. George William Bentley Co.Massachusetts Supreme Judicial Court · 1913
- Peoria Grape Sugar Co. v. TurneyIllinois Supreme Court · 1898
- Milwaukee Boiler Co. v. DuncanWisconsin Supreme Court · 1894
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3Cited by3 opinions
- Reinherz v. American Piano Co.Massachusetts Supreme Judicial Court · 1926
- Whiting Corporation v. Process Engineering, Inc.Court of Appeals for the First Circuit · 1960
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