Emerson v. Patch
Massachusetts Supreme Judicial Court
Contract, on an account annexed, for wood sold and delivered to Charles Dustin, the defendant’s testator. At the trial in the Superior Court, before Grardner, J., the plaintiff put in evidence the report of an auditor in his favor, and rested his case.
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Contract, on an account annexed, for wood sold and delivered to Charles Dustin, the defendant’s testator. At the trial in the Superior Court, before Grardner, J., the plaintiff put in evidence the report of an auditor in his favor, and rested his case. The report of the auditor stated that the plaintiff sold the wood, charged in the account annexed, to Edward Foye, who was then engaged in manufacturing bricks for Dustin, under a written agreement, by the terms of which Dustin agreed to furnish all necessary materials for making the bricks, except the clay; that the number of cords and the…
1Opinion of the CourtEndicott, J.
The plaintiff seeks to recover against the estate of Charles Dustin for certain wood sold by him to Edward Foye, on the ground that Foye was the agent of Dustin in purchasing the wood, which fact was not disclosed to, him at the time, but as soon as ascertained this action was brought.
By, the contract between Foye and Dustin, Foye was to make bricks, and Dustin was to furnish all the necessary materials for making, except the clay. The contract provides the manner in which Foye shall be paid for his work, and the bricks, when finished, were the property of Dustin. It is not denied by the…
2Cited by4 opinions
- Emerson v. PatchMassachusetts Supreme Judicial Court · 1880
- Peaslee v. RossMassachusetts Supreme Judicial Court · 1887
- Poretta v. Superior Dowel CompanySupreme Judicial Court of Maine · 1957
- Senor v. Bangor Mills, Inc.Court of Appeals for the Third Circuit · 1954