Brigham v. Herrick
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, to recover a balance of §187.50, for services as superintendent of sewer construction in Brockton, from November 12, 1895, to January 4, 1896. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows.
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Contract, upon an account annexed, to recover a balance of §187.50, for services as superintendent of sewer construction in Brockton, from November 12, 1895, to January 4, 1896. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified that he was a contractor; that in the spring of 1895 he and one F. C. Cates, as copartners, made a contract with the city of Brockton to build a system of sewers ; that two or three weeks after work was started, he assigned his interest in the contract to Cates, and thereafter had no…
1Opinion of the CourtLathrop, J.
The defendant contended that he was acting as the agent of one Spaulding, and that therefore he was not liable. There was, however, evidence in the case that the plaintiff did not know that the defendant was an agent until after he had performed the work for which he sues. In Welch v. Goodwin, 123 Mass. 71, it was said by this court, “ One who acts as the agent of an undisclosed principal may be treated as principal by the party with whom he deals.” See also Hutchinson v. Wheeler, 3 Allen, 577; Southard v. Sturtevant, 109 Mass. 390 ; Bartlett v. Raymond, 139 Mass. 275; Wheeler v. Reed, 36…
2Cases cited7 opinions
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Mauri v. HeffernanNew York Supreme Court · 1816
- Wheeler v. ReedIllinois Supreme Court · 1864
- Welch v. GoodwinMassachusetts Supreme Judicial Court · 1877
- Bartlett v. RaymondMassachusetts Supreme Judicial Court · 1885
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3Cited by4 opinions
- Groce v. First National Stores Inc.Massachusetts Supreme Judicial Court · 1929
- Chelmsford Foundry Co. v. ShepardMassachusetts Supreme Judicial Court · 1910
- Mann v. PayneMassachusetts Supreme Judicial Court · 1926
- Joseph A. Previte, Inc. v. BowerMassachusetts District Court, Appellate Division · 1983