Davis v. Cress
Massachusetts Supreme Judicial Court
Contract for a commission of £1,000, alleged to have been earned under the provisions of a letter, a copy of which was annexed to the declaration and is given below.
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Contract for a commission of £1,000, alleged to have been earned under the provisions of a letter, a copy of which was annexed to the declaration and is given below. Writ dated April 15, 1910. The letter was as follows: “Waldorf Hotel, Aldwych, W. C. 17/27/1908. Dear Mr. Davis: — Referring to the conversation we had regarding your compensation for placing the Christy Razor proposition in Great Britain I beg to state that whether you make the sale yourself or I do with your assistance or without your assistance I will pay you ten (10%) per cent of the gross sum we receive but it is understood…
1Opinion of the CourtBraley, J.
The plaintiff’s exceptions were duly saved and are properly before us. R. L. c. 173, § 106. St. 1906, c. 342, § 3, St. 1911, c. 212. Richards v. Appley, 187 Mass. 521. Graves v. Hicks, 194 Mass. 524.
It is manifest, however, that the action cannot be maintained unless the letter declared on is the personal contract of the defendant. The evidence abundantly showed, and the judge has found, that it constitutes part of an oral contract between the plaintiff and the corporation of which the defendant was treasurer. A contract not required by law to be in writing may be partly oral and partly…
2Cases cited10 opinions
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- DeFriest v. BradleyMassachusetts Supreme Judicial Court · 1906
- Callender, McAuslan & Troup Co. v. FlintMassachusetts Supreme Judicial Court · 1904
- Marsh v. . DodgeNew York Court of Appeals · 1876
- Richards v. AppletMassachusetts Supreme Judicial Court · 1905
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3Cited by15 opinions
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
- Cass v. LordMassachusetts Supreme Judicial Court · 1920
- Dixon v. LamsonMassachusetts Supreme Judicial Court · 1922
- Montuori v. BailenMassachusetts Supreme Judicial Court · 1935
- Spevack v. BudishMassachusetts Supreme Judicial Court · 1921
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