Boynton v. Woodbury
Massachusetts Supreme Judicial Court
Contract, begun July 3,1867, for breach of a written agreement signed by the defendant, as follows : “ Boston, July 2,1866. This is to certify that, whereas Samuel T. Boynton has this day purchased of me, Joseph P. Wood-bury, twenty shares of the capital stock of the New England Steam Car Company, being certificates numbered 37 and 38, for ten shares each, and said Boynton has paid me in cash for said twenty shares of stock the sum of one thousand dollars, Now therefore, in…
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Contract, begun July 3,1867, for breach of a written agreement signed by the defendant, as follows : “ Boston, July 2,1866. This is to certify that, whereas Samuel T. Boynton has this day purchased of me, Joseph P. Wood-bury, twenty shares of the capital stock of the New England Steam Car Company, being certificates numbered 37 and 38, for ten shares each, and said Boynton has paid me in cash for said twenty shares of stock the sum of one thousand dollars, Now therefore, in consideration of the above stated facts, I hereby agree with said Boynton to purchase back said twenty shares of stock,…
1Opinion of the CourtAmes, J.
If the contract between these parties is to be taken simply and literally as an undertaking on One side to sell, and on the other to buy, certain shares in a corporation, at a price and within a limit as to time previously agreed upon, some of the objections relied upon by the defendant would be of great force and weight. To claim the benefit of an executory contract of that kind, and to be entitled to claim damáges for a violation of it, the party intending to sell must allege and prove that, at the time appointed, he was ready and able to fulfil the contract on his part, and that he made a…
2Cited by8 opinions
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- Williams v. PatrickMassachusetts Supreme Judicial Court · 1900
- Beer v. StateCourt of Criminal Appeals of Texas · 1901
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