C. F. Jewett Publishing Co. v. Butler
Massachusetts Supreme Judicial Court
Contract for the breach of an agreement in writing, executed by the defendant as the party of the first part, and by the plaintiff corporation by C. F. Jewett, President, as the party of the ‘second part, for the publication by the plaintiff of a work to be written by the defendant “in the nature of autobiography, or reminiscences of his life, and the acts and doings of other public men, so far as they may seem to him to elucidate the history of the country or public affairs…
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Contract for the breach of an agreement in writing, executed by the defendant as the party of the first part, and by the plaintiff corporation by C. F. Jewett, President, as the party of the ‘second part, for the publication by the plaintiff of a work to be written by the defendant “in the nature of autobiography, or reminiscences of his life, and the acts and doings of other public men, so far as they may seem to him to elucidate the history of the country or public affairs ”; and containing the following clause: “ The party of the first part agrees to accept full responsibility of all…
1Opinion of the CourtMouton, J.
The first question is whether the contract is, as thé defendant contends, illegal on its face. The words relied on to show that it is are as follows: “ The party of the first part agrees to accept full responsibility of all matter contained in said work, and to defend at his own cost any suits which may be brought against the party of the second part for publishing any statements contained in said work, and to pay all costs and damages arising from said suits.” The presiding justice found that the contract “ was made without illegal intent, unless and except so far as the words used import…
2Cases cited2 opinions
- Graves v. JohnsonMassachusetts Supreme Judicial Court · 1892
- Hobbs v. Columbia Falls Brick Co.Massachusetts Supreme Judicial Court · 1892
3Cited by8 opinions
- Continental Corp. v. GowdyMassachusetts Supreme Judicial Court · 1933
- Traver v. NaylorOregon Supreme Court · 1928
- National Contracting Co. v. Vulcanite Portland Cement Co.Massachusetts Supreme Judicial Court · 1906
- Gast v. GoldenbergMassachusetts Supreme Judicial Court · 1932
- Coonan v. City of Cape GirardeauMissouri Court of Appeals · 1910
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