Legal Opinion

Potter v. Aiden Lair Farms Ass'n

Massachusetts Supreme Judicial Court

Decided October 17, 1916PublishedCited by 5 opinions

Contract for $439.96 as the price of grain sold and delivered according to an account annexed. Writ dated January 6, 1915. In the Superior Court the case was tried before Hall, J. It appeared that the defendant was a corporation established for the following purposes: “To raise, produce, cultivate, prepare, buy, sell, manufacture and deal at wholesale and retail in garden and farm products of all kinds, to raise, purchase, sell and deal in cattle, horses, hogs, poultry and…

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Contract for $439.96 as the price of grain sold and delivered according to an account annexed. Writ dated January 6, 1915. In the Superior Court the case was tried before Hall, J. It appeared that the defendant was a corporation established for the following purposes: “To raise, produce, cultivate, prepare, buy, sell, manufacture and deal at wholesale and retail in garden and farm products of all kinds, to raise, purchase, sell and deal in cattle, horses, hogs, poultry and other live stock; to produce, purchase and sell milk, cream, butter, beef, pork, poultry, eggs and all other food…

1Opinion of the CourtCarroll, J.

The plaintiffs sought to recover from the defendant for certain merchandise sold to George Peabody, the clerk and a director of the defendant corporation, who, when the goods were purchased, was the lessee of the farm and all the “equipment, chattels, live stock and personal property,” under a lease running from January 30, 1913, to January 30, 1928. The lease was not recorded as required by R. L. c. 127, § 4. The plaintiff contended that Peabody was the defendant’s agent. This the, defendant denied and contended that he was its lessee carrying on the business on his own account.

The…

2Cases cited3 opinions

  1. Anthony v. New York, Providence, & Boston RailroadMassachusetts Supreme Judicial Court · 1894
  2. ButrickMassachusetts Supreme Judicial Court · 1904
  3. Philadelphia & Reading Coal & Iron Co. v. City of BostonMassachusetts Supreme Judicial Court · 1912

3Cited by5 opinions

  1. Lamson & Co. v. AbramsMassachusetts Supreme Judicial Court · 1940
  2. Choate v. Assessors of BostonMassachusetts Supreme Judicial Court · 1939
  3. HRPT Advisors, Inc. v. MacDonald, Levine, Jenkins & Co.Massachusetts Appeals Court · 1997
  4. Thalin v. FRIDEN CALCULATING MACHINE CO. INC.Massachusetts Supreme Judicial Court · 1958
  5. Eastwood v. SheddSupreme Court of Colorado · 1968

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