Thorndike v. Locke
Massachusetts Supreme Judicial Court
Contract upon a written agreement between the parties, dated May 16,1864, the material portion of which is as follows: “ Whereas said Locke has this day assigned and transferred to said Thorndike the interest in certain gold mining property in Colorado, which he, the said Locke, purchased of L. L. Tower, being one undivided one-thirtieth part of the property to be owned by the following companies, namely, Caledonia, Washington, Wallace and Suffolk, when organized; now,…
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Contract upon a written agreement between the parties, dated May 16,1864, the material portion of which is as follows: “ Whereas said Locke has this day assigned and transferred to said Thorndike the interest in certain gold mining property in Colorado, which he, the said Locke, purchased of L. L. Tower, being one undivided one-thirtieth part of the property to be owned by the following companies, namely, Caledonia, Washington, Wallace and Suffolk, when organized; now, therefore, in consideration of the agreements hereinafter contained, the said Locke hereby agrees to purchase of said…
1Opinion of the Court
By the Coukt.
The ruling of the court as to damages seems to have been in precise accordance with the stipulations of the defendant that at the expiration of the year he would take back all the stock which the plaintiff had in his hands remaining unsold, and pay him therefor the whole amount, both principal and interest, which the stock had then cost the plaintiff. This accords with the doctrine laid down in Thompson v. Alger, 12 Met. 443. The original relation of the parties at the time the contract was made had changed. The plaintiff had parted with his money on the faith of the defendant’s…
2Cited by10 opinions
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- Browne v. St. Paul Plow WorksSupreme Court of Minnesota · 1895
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