Byrne v. Massasoit Packing Co.
Massachusetts Supreme Judicial Court
Contract, for the breach of a written agreement made by J. J. Brookman, the agent of the defendant, in its name, with the plaintiff, in New Orleans, Louisiana, for the sale of 3000 barrels of mackerel.
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Contract, for the breach of a written agreement made by J. J. Brookman, the agent of the defendant, in its name, with the plaintiff, in New Orleans, Louisiana, for the sale of 3000 barrels of mackerel. Trial in the Superior Court, before Aid-rich, J., who allowed a bill of exceptions, in substance as follows: There was a written contract between the defendant and its said agent, by which the defendant engaged Brookman as its selling agent, for nine months, and agreed to pay him a certain salary; and Brookman guaranteed that his sales should not be less than $200,000 for the nine months, “ and…
1Opinion of the CourtW. Allen, J.
The authority of Brookman as selling agent of the defendant was not limited by the provisions in the contract between them, by which he guaranteed that his sales should not be less than $200,000, and that all sales should be to good and responsible parties, and at not less than market prices. This was an arrangement between the principal and agent which could not affect, and was plainly not intended to affect, third parties. The evidence offered to prove that the *315agent had violated his agreements to sell to good and responsible parties, in making the sale to the plaintiff, was therefore…
2Cited by3 opinions
- Boston Steel & Iron Co. v. SteuerMassachusetts Supreme Judicial Court · 1903
- Marquandt v. Boston Young Women's Christian Ass'nMassachusetts Supreme Judicial Court · 1933
- Mutual Life Insurance v. BrownSupreme Court of Virginia · 1923