Blanchard v. Inhabitants of Blackstone
Massachusetts Supreme Judicial Court
Contract on a written agreement for building a lockup for the defendants. The declaration alleged the making of the contract, and that the plaintiff was ready to perform the same, but that the defendants hindered him. At the trial in the superior court, before JReed, J., .the defendants' produced, at the request of the plaintiff, the instrument declared on, but insisted that it was not a contract binding on the defendants.
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Contract on a written agreement for building a lockup for the defendants. The declaration alleged the making of the contract, and that the plaintiff was ready to perform the same, but that the defendants hindered him. At the trial in the superior court, before JReed, J., .the defendants' produced, at the request of the plaintiff, the instrument declared on, but insisted that it was not a contract binding on the defendants. The instrument was as follows : “ Agreement made the 30th day of November 1867, between George M. Blanchard of the one part and the Inhabitants of the Town of Blackstone of…
1Opinion of the CourtGray, J.
1. The agreement declared on purports throughout the body of it to be the agreement of the town of Blackstone and not the personal contract of the selectmen. The selectmen were authorized by vote of the town to make the agreement in behalf of the town. The signature was sufficient in form to render this agreement binding on the' town as a simple contract *347The agreement was not of a nature which required a seal. It is therefore unnecessary to inquire whether either of the seals affixed to it could be deemed the seal of the town ; for, if not the deed of the town, it is certainly neither the…
2Cases cited1 opinion
- Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
3Cited by29 opinions
- Charles I. Hosmer, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- McCreery v. GreenMichigan Supreme Court · 1878
- Watkins v. BowersMassachusetts Supreme Judicial Court · 1876
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