Legal Opinion

Douglass v. Mussman

Massachusetts Supreme Judicial Court

Decided March 1, 1922PublishedCited by 2 opinions

Contract, by Robert Dun Douglass, Francis L. Minton and Archibald W. Ferguson of the city of New York, doing business under the style, R. G. Dun and Company, for breach of contract in writing described in the opinion.

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Contract, by Robert Dun Douglass, Francis L. Minton and Archibald W. Ferguson of the city of New York, doing business under the style, R. G. Dun and Company, for breach of contract in writing described in the opinion. Writ dated September 21, 1920. In the Superior Court, the action was tried before Morton, J. The provisions in the contract as to payment by the defendant were as follows: “4. We will pay in advance One Hundred Dollars, for one year’s services of R. G. Dim & Co., from the date hereof, together with the use of the said Reference Book, pursuant to the foregoing conditions, and…

1Opinion of the CourtDeCourcy, J.

By the terms of the written agreement signed by the defendant, he was to receive a reference book containing ratings of business men, and reports concerning the mercantile standing and credit of merchants, manufacturers, etc. within a certain territory, on request. The contract was signed May 14, and dated July 1, 1919; and the defendant agreed thereby to pay in advance $100 for the year beginning July 1. This action was brought on September 21, 1920, to recover such payment.

Under the exception of the plaintiffs the trial judge allowed the defendant to testify that on the day after the…

2Cases cited1 opinion

  1. McNicholas v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1907

3Cited by2 opinions

  1. Clark v. General Cleaning Co. Inc.Massachusetts Supreme Judicial Court · 1962
  2. Vallavanti v. Armour & Co.Massachusetts Supreme Judicial Court · 1928

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