Nichols v. Williams
New Jersey Court of Chancery
The bill states that the complainant, Nichols, on the 5th day of April, 1870, being president of the Trades Manufacturing Company, acting on its behalf and as its president, as was well known to the defendant, made a contract in writing with the defendant, Williams, which the complainant executed as president of that company, and by its authority, and that he thereby agreed with the defendant to convey to him certain lands of the company for the price of $150,000; and that…
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The bill states that the complainant, Nichols, on the 5th day of April, 1870, being president of the Trades Manufacturing Company, acting on its behalf and as its president, as was well known to the defendant, made a contract in writing with the defendant, Williams, which the complainant executed as president of that company, and by its authority, and that he thereby agreed with the defendant to convey to him certain lands of the company for the price of $150,000; and that Williams agreed to pay that sum by conveying four tracts of land specified, subject to certain mortgages, and valued at…
1Opinion of the Court
The Chancellor.
In the premises to the bill, it is stated that the suit is brought by Nichols, in behalf of the Trades Manufacturing Company. The company is in no other way made a party to the suit; this does not make it a party. It is not before the court, or under its control.
In this case Nichols, the complainant, has no interest in the suit, or in the contract. The real party in interest is the company; it is so expressly stated in the bill, which contains the allegation that Nichols executed the agreement as president of the company, acting for and on behalf of the company, as the…
2Cases cited2 opinions
- Bailey v. IngleeNew York Court of Chancery · 1830
- Field v. MagheeNew York Court of Chancery · 1836
3Cited by3 opinions
- Heim & Hillbrook Acres, Inc. v. ShoreNew Jersey Superior Court Appellate Division · 1959
- Hunter v. McCarthyCourt of Chancery of Delaware · 1944
- Journal Plaza Holding Co. v. J.L.H. Co.New Jersey Court of Chancery · 1929