Thompson v. Davis
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 11, 1913, and afterwards amended, seeking an accounting between the plaintiff and the defendant as partners under the circumstances described in the opinion. The suit was referred to a master under a rule directing him „ “to hear the parties and their evidence and report his findings to the court together with such facts and questions of law as either party may request.”
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Bill in equity, filed in the Superior Court on November 11, 1913, and afterwards amended, seeking an accounting between the plaintiff and the defendant as partners under the circumstances described in the opinion. The suit was referred to a master under a rule directing him „ “to hear the parties and their evidence and report his findings to the court together with such facts and questions of law as either party may request.” Exceptions to the master’s report, described in the opinion, were heard by Callahan, J., by whose order an interlocutory decree was entered overruling the exceptions and…
1Opinion of the Court
,De Couecy, J.
The plaintiff owned a portable saw mill. At different times between 1892-and 1899 he sawed and prepared for market the wood growing on certain timber lots, which were bought and paid for by the defendant’s intestate. The plaintiff has been paid the price agreed upon for sawing and preparing the timber. He now contends that it was orally agreed between them that upon the purchase of each lot he was to have a certain share of the net profits; and this bill, brought in 1913, prays for an accounting of the lumber marketed and for an interest in certain of-the wood lots now standing…
2Cases cited2 opinions
- Cook v. ScheffreenMassachusetts Supreme Judicial Court · 1913
- Nesson v. GilsonMassachusetts Supreme Judicial Court · 1916
3Cited by8 opinions
- Daniels v. DanielsMassachusetts Supreme Judicial Court · 1922
- Chopelas v. ChopelasMassachusetts Supreme Judicial Court · 1939
- Markey v. SmithMassachusetts Supreme Judicial Court · 1938
- Shaw v. United Cape Cod Cranberry Co.Massachusetts Supreme Judicial Court · 1955
- Dorey v. DoreyMassachusetts Supreme Judicial Court · 1924
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