Fullam v. Inhabitants of West Brookfield
Massachusetts Supreme Judicial Court
Contract. The first count was upon the following contract: West Brookfield, Mass., January 27th, 1863. We, the undersigned, a committee chosen by the town of West Brookfield to finish the basement of their town-house for the purpose of a meat market, do hereby agree to pay Mr William Fullam of North Brookfield, Massachusetts, the sum of four hundred and seventy-five dollars for the finishing of said basement according to specifications and plan annexed, when completed to our…
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Contract. The first count was upon the following contract: West Brookfield, Mass., January 27th, 1863. We, the undersigned, a committee chosen by the town of West Brookfield to finish the basement of their town-house for the purpose of a meat market, do hereby agree to pay Mr William Fullam of North Brookfield, Massachusetts, the sum of four hundred and seventy-five dollars for the finishing of said basement according to specifications and plan annexed, when completed to our acceptance. Lemuel Fullam, (Seal), John M. Fales, (Seal), Augustus W. Gilbert, (Seal), committee for the town.” The…
1Opinion of the CourtMetcalf, J.
The plaintiff cannot support the first count in his declaration. The instrument declared on is not, as is alleged *4in that count, the contract of the defendants. It is not so executed as to bind them. It is not executed in their names and as their contract, but in the names and as the contract of the individuals who signed and sealed it. Damon v. Granby, 2 Pick. 345. Abbey v. Chase, 6 Cush. 56 ; Huntington v. Knox, 7 Cush. 374, and numerous other cases. As to sealed instruments this is decisively settled.
It was suggested, in argument for the plaintiff, that the words “committee for the town,”…
2Cases cited7 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- President of Bank of the Metropolis v. GuttschlickSupreme Court of the United States · 1840
- Randall v. Van VechtenNew York Supreme Court · 1821
- Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Machesney v. BrownU.S. Circuit Court for the District of Northern New York · 1886