Abbott v. Hapgood
Massachusetts Supreme Judicial Court
Contbact in three counts, by Francis R. Abbott, Charles Kee, and William B. Kempton, against Herbert L. Hapgood and Alvord Smith, “ late copartners under the name of Hap-good and Smith,” to recover damages for the breach of agreements to furnish certain match machines and match splints.
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Contbact in three counts, by Francis R. Abbott, Charles Kee, and William B. Kempton, against Herbert L. Hapgood and Alvord Smith, “ late copartners under the name of Hap-good and Smith,” to recover damages for the breach of agreements to furnish certain match machines and match splints. The writ, which was dated May 12, 1888, described the plaintiffs as being “all of Philadelphia in the State of Pennsylvania, as they are copartners and associated together in business under the firm name and style Penn Match Company, Limited.” The first count of the declaration was as follows : “ The…
1Opinion of the CourtKnowlton, J.
According to the terms of. the report in this case, if the demurrer should have been sustained on grounds which could have been removed by amendment, the plaintiffs are to be permitted to amend. The defendants have made no point upon the use of the present tense instead of the past tense in the allegation in the writ as to the partnership of the plaintiffs, and if that is material it may be corrected by amendment. In each count of the declaration, after alleging that there was a valuable consideration for the defendants’ contract, the plaintiffs aver that the contract was reduced to writing,…
2Cases cited5 opinions
- Penn Match Co. v. HapgoodMassachusetts Supreme Judicial Court · 1886
- Whitehead & Atherton Machine Co. v. RyderMassachusetts Supreme Judicial Court · 1885
- Townsend v. Nickerson Wharf Co.Massachusetts Supreme Judicial Court · 1875
- Manning v. FitchMassachusetts Supreme Judicial Court · 1885
- Somers v. WrightMassachusetts Supreme Judicial Court · 1874
3Cited by36 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Mansfield v. LangMassachusetts Supreme Judicial Court · 1936
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