Coker v. Ropes
Massachusetts Supreme Judicial Court
Contract to recover one year’s salary at $2000, upon an agreement under seal, by the terms of which the plaintiff was to act as the agent of the defendant at port or ports to the eastward of the Cape of Good Hope, in the Zanzibar trade. The agreement contained the following clauses : “ Said Coker will to the best of his ability execute such orders as he may receive from said Ropes in the pursuance of said Zanzibar trade.”
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Contract to recover one year’s salary at $2000, upon an agreement under seal, by the terms of which the plaintiff was to act as the agent of the defendant at port or ports to the eastward of the Cape of Good Hope, in the Zanzibar trade. The agreement contained the following clauses : “ Said Coker will to the best of his ability execute such orders as he may receive from said Ropes in the pursuance of said Zanzibar trade.” “ This agreement is to continue in force for one year from December 2, 1874, and thereafter until a reasonable and proper notice is given to the other of a desire to…
1Opinion of the CourtGray, C. J.
The ruling as to the effect of the auditor’s report conformed to the well settled law. An auditor, for the purpose of passing upon the matter referred to him, must necessarily construe any contract the construction of which is involved in such determination; his views of the law being, of course, subject to revision by the court, and his findings of fact to revision by the jury. Peru Co. v. Whipple Manuf. Co. 109 Mass. 464. Holmes v. Hunt, 122 Mass. 505.
It was within the discretion of the presiding judge to exclude the general question put to the plaintiff by his counsel, as asking for a mere…
2Cases cited3 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Peru Steel & Iron Co. v. Whipple File & Steel Manufacturing Co.Massachusetts Supreme Judicial Court · 1872
- Forrestier v. BordmanU.S. Circuit Court for the District of Massachusetts · 1839
3Cited by4 opinions
- Mitchell v. Walton Lunch Co.Massachusetts Supreme Judicial Court · 1940
- Commonwealth v. CrowleyMassachusetts Supreme Judicial Court · 1897
- Woodman v. NorthwoodSupreme Court of New Hampshire · 1892
- O'Neil v. WolffsohnMassachusetts Supreme Judicial Court · 1884