Thomas v. Wells
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to sell and deliver a quantity of straw board. Writ dated March 3, 1884. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: Rufus Thomas, one of the plaintiffs, testified that the plaintiffs were engaged in the manufacture of boxes, some of which were made of straw board, in Lynn; that in the latter part of August, 1879, one Charles N. Wells, who was a travelling salesman of the…
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Contract for breach of an agreement to sell and deliver a quantity of straw board. Writ dated March 3, 1884. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: Rufus Thomas, one of the plaintiffs, testified that the plaintiffs were engaged in the manufacture of boxes, some of which were made of straw board, in Lynn; that in the latter part of August, 1879, one Charles N. Wells, who was a travelling salesman of the defendants and a son of one of the defendants, called upon the witness, at his place of business in Lynn, and asked him to…
1Opinion of the Court
Morton, 0. J.
We are of opinion that the letter of November 17, 1879, was properly submitted to the jury.' The defendants do not now contend that there was no evidence tending to show that it was in the handwriting of 0. N. Wells, but only that he was not authorized to write it. There was, however, evidence tending to show that he was authorized by the defendants to write the letter.
It was admitted by the defendants that C. N. Wells was in their employ as a salesman, and had authority to make a contract with the plaintiffs such as they contended had been made by him. The letter in question was…
2Cited by10 opinions
- Plumb v. CampbellIllinois Supreme Court · 1888
- Agency of Canadian Car & Foundry Co. v. American Can Co.Court of Appeals for the Second Circuit · 1919
- Cochrane v. ForbesMassachusetts Supreme Judicial Court · 1929
- Sargeant v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1981
- Palmer v. CoyleMassachusetts Supreme Judicial Court · 1905
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