Sibley v. Felton
Massachusetts Supreme Judicial Court
Contract, against Luther H. Felton and Frederic L. Felton, copartners under the name of Felton and Son; Nahum Chapin and George F. Chapin, copartners under the name of Chapin, Trull, and Company; Daniel R. Sortwell and Alvin F. Sortwell, copartners under the name of Sortwell and Company; and William Ward, Thomas A. Ward, and Frederick H. Ward, copartners under the name of William Ward and Sons.
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Contract, against Luther H. Felton and Frederic L. Felton, copartners under the name of Felton and Son; Nahum Chapin and George F. Chapin, copartners under the name of Chapin, Trull, and Company; Daniel R. Sortwell and Alvin F. Sortwell, copartners under the name of Sortwell and Company; and William Ward, Thomas A. Ward, and Frederick H. Ward, copartners under the name of William Ward and Sons. The declaration was as follows: “ And the plaintiff says that the defendants are rum distillers, and that on or about Sept. 12, 1889, they entered into an agreement in writing, which was drafted for…
1Opinion of the CourtMorton, J.
The plaintiff’s declaration is framed on the theory that the agreement between the defendants was a completed one. We do not so regard it. It begins by saying “that the subscribers, . . . being desirous of effecting a complete and permanent unity of interest between their distilleries, and also between their and other distilleries, and, preliminary to that purpose, wishing at once to accomplish such unity of interest between themselves, leaving details and the union of other distilleries to be arranged hereafter, have covenanted,” etc. Arti*277cle 7 provides that “ a complete plan for such unity…
2Cases cited3 opinions
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
- Ashcroft v. ButterworthMassachusetts Supreme Judicial Court · 1884
- May v. WardMassachusetts Supreme Judicial Court · 1883
3Cited by24 opinions
- Elliott v. KazajianMassachusetts Supreme Judicial Court · 1926
- Geo. W. Wilcox, Inc. v. Shell Eastern Petroleum Products, Inc.Massachusetts Supreme Judicial Court · 1933
- Shayeb v. HollandMassachusetts Supreme Judicial Court · 1947
- Finlay v. SwirskySupreme Court of Connecticut · 1925
- Duggan v. Matthew Cummings Co.Massachusetts Supreme Judicial Court · 1931
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