Legal Opinion

Lydig v. Braman

Massachusetts Supreme Judicial Court

Decided December 1, 1900PublishedCited by 7 opinions

Contract, to recover damages for breach of an alleged agreement to repurchase certain bonds sold by the defendant to the plaintiff.

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Contract, to recover damages for breach of an alleged agreement to repurchase certain bonds sold by the defendant to the plaintiff. Writ dated April 28, 1897. The declaration was as follows : “ And the plaintiff says that on or about the ninth day of August, 1888, the defendant wrote a letter to the plaintiff, a copy whereof is hereto annexed, whereby the defendant offered to sell to the plaintiff certain bonds of the St. Louis, Kansas, and Southwestern Railroad Company, at the price of one thousand and five dollars per bond, and accrued interest, and further offered that if the plaintiff…

1Opinion of the CourtLoring, J.

1. The defendant’s first contention is that the evidence did not warrant a finding that the offer to sell contained *218in the letter of August 9,1888, was ever accepted. The court found that “ at the time of the sale of the bonds, September 28, 1888, and May 10, 1889, it was understood by both parties that the sale was under the terms and conditions oí the offer of August 9, 1888.” The defendant’s letter of September 3, 1890, written nearly a year after ten of the bonds had been taken back, would of itself warrant that finding; there was also other evidence on the point.

2. The defendant’s next…

2Cases cited5 opinions

  1. Campbell v. WhoriskeyMassachusetts Supreme Judicial Court · 1898
  2. Drummond v. CraneMassachusetts Supreme Judicial Court · 1893
  3. Doherty v. HillMassachusetts Supreme Judicial Court · 1887
  4. Hughes v. GrossMassachusetts Supreme Judicial Court · 1896
  5. Farr v. RouillardMassachusetts Supreme Judicial Court · 1899

3Cited by7 opinions

  1. Kneeland v. EmertonMassachusetts Supreme Judicial Court · 1932
  2. Beach & Clarridge Co. v. American Steam Gauge & Valve Manufacturing Co.Massachusetts Supreme Judicial Court · 1909
  3. Norwood Trust Co. v. Twenty-Four Federal Street Corp.Massachusetts Supreme Judicial Court · 1936
  4. Render v. LillardSupreme Court of Oklahoma · 1916
  5. Hasler v. West India S. S. Co.Court of Appeals for the Second Circuit · 1914

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