Barrie v. Earle
Massachusetts Supreme Judicial Court
Contract for breach of an agreement in writing, the material parts of which were as follows: “ May 24, 1883. “ To George Barrie, Philadelphia. “ Sir: I hereby subscribe for one copy of the Art Treasures of America, in ten portfolios, at fifteen dollars each, as published, on the following terms of subscription, which terms of subscription cannot be altered or modified: “ 1st. The Art Treasures of America, to be completed in 10 portfolios at $15 each. “2d.
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Contract for breach of an agreement in writing, the material parts of which were as follows: “ May 24, 1883. “ To George Barrie, Philadelphia. “ Sir: I hereby subscribe for one copy of the Art Treasures of America, in ten portfolios, at fifteen dollars each, as published, on the following terms of subscription, which terms of subscription cannot be altered or modified: “ 1st. The Art Treasures of America, to be completed in 10 portfolios at $15 each. “2d. Each portfolio to contain 16 impressions of photogravure plates, India • proofs, lettez’ed, and 50 pages of text or full-page wood…
1Opinion of the CourtField, J.
The first exception is to the exclusion of evidence that the defendant’s signature to the contract was obtained by false and fraudulent representations. This evidence was excluded upon the ground that the contract was entire, and that the defendant' could not avoid it except by returning the two portfolios which he had received and paid for. The same question of law is involved in the last exception. A majority of the court are of opinion that this is such a contract as is described in Badger v. Titcomb, 15 Pick. 409, 413, where, “ although the agreement is entire, the performance is several;…
2Cases cited4 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Morse v. BrackettMassachusetts Supreme Judicial Court · 1867
- Young & Conant Manufacturing Co. v. WakefieldMassachusetts Supreme Judicial Court · 1876
- Mansfield v. TriggMassachusetts Supreme Judicial Court · 1873
3Cited by22 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Seibert v. . DunnNew York Court of Appeals · 1915
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- Carrig v. Gilbert-Varker Corp.Massachusetts Supreme Judicial Court · 1943
- L.A. Gas & Elec. Co. v. Amalgamated Oil Co.California Supreme Court · 1909
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