Zerrahn v. Ditson
Massachusetts Supreme Judicial Court
Contract, on an account annexed, for services rendered in superintending and conducting the música.’ performances and rehearsals of “ The World’s Peace Jubilee.”
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Contract, on an account annexed, for services rendered in superintending and conducting the música.’ performances and rehearsals of “ The World’s Peace Jubilee.” The defendants answer alleged that if the services were rendered, it was under the special agreement contained in the following letters : “ Boston, Feb. 18, 1872. Carl Zerrahn, Esq., Dear Sir: It being your expressed desire to have some security for the payment of services which you propose to render in connection with the forthcoming International Musical Festival, and as the sum of five thousand dollars is the amount you name…
1Opinion of the CourtMorton, J.
At the time the contract contained in the letters set forth in the bill of exceptions was made, Gilmore was the general agent of the defendants, and this was known to the plaintiff. It was the only agreement made with the plaintiff as to his services. The first clause of the contract seems to' have been intended to operate only between the plaintiff and Gilmore; but the stipulation in the last clause, that should the festival result in a loss, the plaintiff should have no demand against any one connected with it, is a stipulation in favor of the defendants, made with their agent in the…
2Cited by3 opinions
- Moon v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
- Dickey v. Trustees of the Putnam Free SchoolMassachusetts Supreme Judicial Court · 1908
- Barnett v. Independent Workmen's Circle of America, Inc.Massachusetts Supreme Judicial Court · 1927