Gibbs v. Smith
Massachusetts Supreme Judicial Court
Contract to recover for the breach of the following written agreement signed by the parties thereto: “ An agreement made this day between N. G. Gibbs, S. A. Cornell, L. C. Smith and J. C. Kingsley, that the said Gibbs and Cornell will not bid or influence any one to bid, and will not accept the contract of any one else; and further, the said Kingsley agrees to pay the said Gibbs and Cornell the sum of five hundred dollars if he gets the contract of the jail for the coming…
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Contract to recover for the breach of the following written agreement signed by the parties thereto: “ An agreement made this day between N. G. Gibbs, S. A. Cornell, L. C. Smith and J. C. Kingsley, that the said Gibbs and Cornell will not bid or influence any one to bid, and will not accept the contract of any one else; and further, the said Kingsley agrees to pay the said Gibbs and Cornell the sum of five hundred dollars if he gets the contract of the jail for the coming three years; and further, the said Smith agrees to pay said Gibbs and Cornell eight hundred dollars if he accepts the…
1Opinion of the CourtDevens, J.
An agreement between two or more persons that one shall bid for the benefit of all upon property about to be sold at public auction, which they desire to purchase together, either because they propose to hold it together, or afterwards to divide it into such parts. as they wish individually to hold, neither desiring the whole, or for any similar honest or reasonable purpose, is legal in its character and will be enforced; but such agreement, if made for the purpose of preventing competition and reducing the price of the property to be sold below its fair value, is against public policy and in…
2Cases cited1 opinion
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
3Cited by33 opinions
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Kuhn v. BuhlSupreme Court of Pennsylvania · 1916
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