Legal Opinion

Flint v. Gibson

Massachusetts Supreme Judicial Court

Decided March 15, 1871PublishedCited by 15 opinions

Contbagt. The declaration alleged that the plaintiffs, who were partners under the name of Flint & Hall, entered into a written agreement with the defendant, on March 4,1868, at Boston, where both parties were merchants ; and set forth the agreement, of which the material stipulations were as follows : “ Gibson shall deliver on or before April 24,1868, to Flint & Hall, a certain vessel formerly the United States double-ender gunboat Osceola, fitted for sea for a voyage hence…

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Contbagt. The declaration alleged that the plaintiffs, who were partners under the name of Flint & Hall, entered into a written agreement with the defendant, on March 4,1868, at Boston, where both parties were merchants ; and set forth the agreement, of which the material stipulations were as follows : “ Gibson shall deliver on or before April 24,1868, to Flint & Hall, a certain vessel formerly the United States double-ender gunboat Osceola, fitted for sea for a voyage hence vid St. Johns, Mew Brunswick, to Montevideo, under the inspection and subject to the approval of George Frazar, agent…

1Opinion of the CourtColt, J.

The defendant, by two .similar contracts, agreed to deliver two vessels to the plaintiffs, fitted for sea for a specified voyage, under the inspection and subject to the approval of Mr. Frazar, the agent of the American Lloyd’s, acting in behalf of the plaintiffs; the vessels to be fitted in conformity with the memoranda annexed, and all questions arising under the contracts be referred for final decision to the same person.

It is not denied in the declaration, and it was admitted at the argument, that these vessels were inspected and approved by Frazar, and delivered to the plaintiffs under…

2Cited by15 opinions

  1. New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
  2. C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
  3. Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
  4. Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
  5. Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906

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