Mills v. Smith
Massachusetts Supreme Judicial Court
Contract by Jerome D. Mills, a citizen of the State of Minnesota, against William H. Smith of South Hadley, executor of the will of Samuel Mills Cook, late of Granby, for compensation for services performed under a contract in writing under seal dated December 29, 1900, the material portions of which are quoted or described in the opinion, and for damages for an alleged breach of the same contract.
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Contract by Jerome D. Mills, a citizen of the State of Minnesota, against William H. Smith of South Hadley, executor of the will of Samuel Mills Cook, late of Granby, for compensation for services performed under a contract in writing under seal dated December 29, 1900, the material portions of which are quoted or described in the opinion, and for damages for an alleged breach of the same contract. Writ dated January 5, 1904. In the Superior Court the case was tried before Stevens, J., without a jury. He found for the plaintiff in the sum of $16,501.68; and the defendant alleged exceptions,…
1Opinion of the CourtKnowlton, C. J.
The plaintiff’s claim rests upon a contract under seal, entered into between him and the defendant’s testator. The recovery now sought is of damages for a breach of contract. In making the writing the parties first recited that Samuel M. Cook, the defendant’s testator, then a resident of Holyoke, Massachusetts, was the owner of a large amount of real estate and some personal property in the State of Minnesota ; that there was litigation pending in regard to the title to some of the real estate ; that there were unpaid taxes upon much of it; that Cook was unwilling to spend any more money in…
2Cases cited22 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Wylie v. CoxeSupreme Court of the United States · 1854
- Willis v. . SharpNew York Court of Appeals · 1889
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
- Hawley v. SmithIndiana Supreme Court · 1873
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3Cited by8 opinions
- Newburyport Society for the Relief of Aged Women v. NoyesMassachusetts Supreme Judicial Court · 1934
- Barrett v. TowneMassachusetts Supreme Judicial Court · 1907
- Croker v. Palm Beach EstatesSupreme Court of Florida · 1927
- Cutler v. United Shoe Machinery Corp.Massachusetts Supreme Judicial Court · 1931
- Moore v. GarredCourt of Appeals of Kentucky (pre-1976) · 1928
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