Pickering v. Demerritt
Massachusetts Supreme Judicial Court
Contract alleging “ that the defendant, by his agent, William H. Greely, retained and employed the plaintiff to buy foi him, the said defendant, one hundred shares of the stock of the Huron Mining Company, the same to be delivered and transferred to the defendant in sixty days from the time of said pur chase, and promised the plaintiff to pay him such moneys as he should pay for the stock, and also a commission ” specified; that the plaintiff bought the shares accordingly,…
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Contract alleging “ that the defendant, by his agent, William H. Greely, retained and employed the plaintiff to buy foi him, the said defendant, one hundred shares of the stock of the Huron Mining Company, the same to be delivered and transferred to the defendant in sixty days from the time of said pur chase, and promised the plaintiff to pay him such moneys as he should pay for the stock, and also a commission ” specified; that the plaintiff bought the shares accordingly, gave notice of the purchase to the defendant, and at the end of the sixty days offered to transfer and deliver the shares…
1Opinion of the CourtFoster, J.
The final ruling of the judge who presided at the trial was, that upon the evidence the plaintiff could not maintain his action.
The declaration alleges that the defendant employed the plaintiff to purchase for him certain shares of stock, the same to be delivered to him in sixty days from the time of the purchase. Assuming this to import, as the plaintiff claims, an order to buy the stock and carry it on the defendant’s account for sixty days, we find no evidence of any such employment. The evidence was merely of an order to buy the stock “ on a sixty days’ buyer’s option,” that is, with a…
2Cited by4 opinions
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