Palmer v. Sawyer
Massachusetts Supreme Judicial Court
Contract by George K. Palmer, Charles F. Phillips and George D. Bates against the defendant for the non-performance, by a refusal to execute the lease therein specified, of the following contract, signed and sealed by all the parties: “ This agreement made and concluded this thirtieth day of November, A. D. 1870, by and between Addison M. Sawyer, of Athol, in the county of Worcester, and Commonwealth of Massachusetts, of the one part, and George K. Palmer, C. F. Phillips,…
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Contract by George K. Palmer, Charles F. Phillips and George D. Bates against the defendant for the non-performance, by a refusal to execute the lease therein specified, of the following contract, signed and sealed by all the parties: “ This agreement made and concluded this thirtieth day of November, A. D. 1870, by and between Addison M. Sawyer, of Athol, in the county of Worcester, and Commonwealth of Massachusetts, of the one part, and George K. Palmer, C. F. Phillips, and Geo. D. Bates, all of Montague, in the county of Franklin, copartners in business under the firm name of Palmer,…
1Opinion of the CourtAmes, J.
The dissolution of the partnership between the plaintiffs, which is alleged to have occurred after the date fixed for the commencement of the intended term, and before any lease was demanded, does not of itself release the defendant from his obligation. He was to erect and finish the building, and prepare it for use, as their workshop. He would therefore be in a position to know when it was ready for occupation, and should then have tendered the lease, or at least have notified them that he was ready on his part to carry out the contract. All that he was entitled to insist upon was that they…
2Cases cited3 opinions
- Carpenter v. HolcombMassachusetts Supreme Judicial Court · 1870
- Hapgood v. ShawMassachusetts Supreme Judicial Court · 1870
- Board v. HelmCourt of Appeals of Kentucky · 1859
3Cited by20 opinions
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
- Weinstein v. MillerMassachusetts Supreme Judicial Court · 1924
- Lamson Consolidated Store Service Co. v. Prudential Fire InsuranceMassachusetts Supreme Judicial Court · 1898
- Phenix Ins. v. BachelderNebraska Supreme Court · 1891
- Estate of WarnerCalifornia Supreme Court · 1910
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