Newton Rubber Works v. Graham
Massachusetts Supreme Judicial Court
Contract, upon a written agreement alleged to have been made by the defendant with the plaintiff. The defendant demurred to both counts of the declaration, alleging as ground therefor “ that the performance of the alleged promise and agreement of the defendant was contingent upon the prior performance of a certain condition, and that it nowhere appears in either of said counts that such condition had been performed or complied with.”
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Contract, upon a written agreement alleged to have been made by the defendant with the plaintiff. The defendant demurred to both counts of the declaration, alleging as ground therefor “ that the performance of the alleged promise and agreement of the defendant was contingent upon the prior performance of a certain condition, and that it nowhere appears in either of said counts that such condition had been performed or complied with.” In the Superior Court the demurrer was sustained ; and the plaintiff appealed to this court.
1Opinion of the CourtMorton, J.
The body of the agreement is an engagement on the part of such creditors of the Quincy Cycle Company as shall sign it to transfer their claims to the defendant upon receiving from him notes or cash therefor as specified in the agreement. There is in it no contract on the part of the defendant that he will purchase such claims, and pay therefor in notes or cash as set forth in the agreement. The question then is whether the defendant’s signature to the supplemental line, which reads, “ I authorize the above offer, and agree to carry the same out if secured within the time named,” imports an…
2Cases cited3 opinions
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
- Palmer v. SawyerMassachusetts Supreme Judicial Court · 1873
- Riley v. FarnsworthMassachusetts Supreme Judicial Court · 1872
3Cited by14 opinions
- Paterson-Leitch Company, Inc. v. Massachusetts Municipal Wholesale Electric CompanyCourt of Appeals for the First Circuit · 1988
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Damiano v. National Grange Mutual Liability Co.Massachusetts Supreme Judicial Court · 1944
- Aisenberg v. Royal InsuranceMassachusetts Supreme Judicial Court · 1929
- Jewett v. WarrinerMassachusetts Supreme Judicial Court · 1921
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