Knowlton v. Keenan
Massachusetts Supreme Judicial Court
Contract upon an agreement in writing, dated June 22, 1885, entered into between the plaintiffs and -the defendants, to transport the United States mails between Mashpee and Sandwich. At the trial in the Superior Court, before Pitman, J., without a jury, it appeared that the plaintiffs were contractors with the United States for transporting the mails between these towns, and had authority to sublet the contract.
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Contract upon an agreement in writing, dated June 22, 1885, entered into between the plaintiffs and -the defendants, to transport the United States mails between Mashpee and Sandwich. At the trial in the Superior Court, before Pitman, J., without a jury, it appeared that the plaintiffs were contractors with the United States for transporting the mails between these towns, and had authority to sublet the contract. The agreement provided that the defendants should transport the mails from Mashpee to Sandwich and back six times a week from July 1, 1885, to June 80, 1889, inclusive, on such…
1Opinion of the CourtDevens, J.
The plaintiffs, who were themselves contractors with the United States to carry the mails, having authority to sublet their contract, made a written contract with the defendants to carry the mails from Mashpee to Sandwich and back, according to a certain schedule. As an excuse for the nonperformance of their contract they offered evidence that, at and before the execution of this contract, the plaintiffs fraudulently promised to pi’ocure a change in the schedule, and fraudulently represented that they could,secure such a change; and that they knew at the time that they could not, and that…
2Cases cited4 opinions
- Mershon v. CommonwealthCourt of Appeals of Kentucky · 1859
- Milliken v. ThorndikeMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. Van TuylCourt of Appeals of Kentucky · 1858
- Munde v. LambieMassachusetts Supreme Judicial Court · 1877
3Cited by26 opinions
- Barrett Associates, Inc. v. AronsonMassachusetts Supreme Judicial Court · 1963
- Cellucci v. Sun Oil Co.Massachusetts Appeals Court · 1974
- Appel v. HupfieldCourt of Appeals of Maryland · 2001
- Dawe v. MorrisMassachusetts Supreme Judicial Court · 1889
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
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