Durkin v. Langley
Massachusetts Supreme Judicial Court
Contract upon the following agreements, dated October 25, 1892 : “ To H. J. Langley: I hereby agree to build and erect for you in Oak Grove Cemetery for the estate of California A. Davol one monument as per plans and specifications submitted to me, for the sum of thirteen hundred and fifty dollars. Patrick J. Durkin.”
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Contract upon the following agreements, dated October 25, 1892 : “ To H. J. Langley: I hereby agree to build and erect for you in Oak Grove Cemetery for the estate of California A. Davol one monument as per plans and specifications submitted to me, for the sum of thirteen hundred and fifty dollars. Patrick J. Durkin.” “ I hereby accept your proposition to build for the estate of California A. Davol one monument all to be erected in Oak Grove Cemetery for the sum of $1,350. H. J. Langley.” At the' trial in the Superior Court, before Bishop, J., it appeared that the action was for $1,185, the…
1Opinion of the CourtHolmes, J.
The contract sued upon, literally construed, purports to bind the defendant personally. The acceptance is personal and the offer is personal. The words “ for the estate of California A. Davol,” following the words “I agree to build and erect for you,” only identify the subject matter of the contract. The general rule of the common law is, that an executor cannot bind himself in a representative capacity by a new express contract. He binds himself personally if at all. Luscomb v. Ballard, 5 Gray, 403. Kingman v. Soule, 132 Mass. 285, 288. Phillips v. Blatchford, 137 Mass. 510, 514. Farhall v.…
2Cases cited5 opinions
- Constantinides v. WalshMassachusetts Supreme Judicial Court · 1888
- Phillips v. BlatchfordMassachusetts Supreme Judicial Court · 1884
- Sweeney v. MuldoonMassachusetts Supreme Judicial Court · 1885
- Kingman v. SouleMassachusetts Supreme Judicial Court · 1882
- Yarrington v. RobinsonMassachusetts Supreme Judicial Court · 1886
3Cited by14 opinions
- Breen v. BurnsMassachusetts Supreme Judicial Court · 1932
- Rosenthal v. SchwartzMassachusetts Supreme Judicial Court · 1913
- Joseph S. Waterman & Sons, Inc. v. HookMassachusetts Supreme Judicial Court · 1923
- Smolka v. James T. Chandler & Son, Inc.Supreme Court of Delaware · 1941
- Tomlinson v. FlanaganMassachusetts Supreme Judicial Court · 1934
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