Ross v. Bliss
Massachusetts Supreme Judicial Court
Contract. The first count of the declaration alleged that on August 18,1870, the defendant, by a certain note or memorandum, signed by B. W. Abbott, who was duly authorized thereto by the defendant, agreed with the plaintiff to sell to him a certain house, being the house No. 3 Bliss Street, in Worcester, and the lot on which the same stood, for the sum of $25 above a certain claim existing on the property; and that the plaintiff paid said sum and demanded a deed of the…
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Contract. The first count of the declaration alleged that on August 18,1870, the defendant, by a certain note or memorandum, signed by B. W. Abbott, who was duly authorized thereto by the defendant, agreed with the plaintiff to sell to him a certain house, being the house No. 3 Bliss Street, in Worcester, and the lot on which the same stood, for the sum of $25 above a certain claim existing on the property; and that the plaintiff paid said sum and demanded a deed of the property from the defendant 5 but that the defendant wholly refused to convey the land to the plaintiff. The second count…
1Opinion of the CourtWells, J.
The action, in each count, is founded upon a written memorandum of sale, signed by Abbott as auctioneer. The memorandum does not disclose the name of the principal for whom the sale was made. In order to recover, it was necessary for the plaintiff to show that this was the contract of the defendant.
The issue upon this point embraced two questions entirely distinct in their nature, and each equally essential: first, whether the sale and memorandum were made by Abbott in behalf of the defendant as principal; second, whether he was authorized by the defendant to act for him.
There was evidence…
2Cases cited1 opinion
- Taft v. BakerMassachusetts Supreme Judicial Court · 1868
3Cited by1 opinion
- Marshall County Bank v. Citizens Mutual Trust Co.West Virginia Supreme Court · 1934