Hayward v. Langmaid
Massachusetts Supreme Judicial Court
Contract for a balance due for the construction of a double house in Watertown and also for a small amount for work done and materials furnished in repairs upon other property.
Read the full summary
Contract for a balance due for the construction of a double house in Watertown and also for a small amount for work done and materials furnished in repairs upon other property. Writ dated January 19, 1893. At the trial in the Superior Court before Richardson, J., it appeared, that the house was constructed under a contract in writing between the plaintiff and Webster C. Langmaid, to furnish materials and erect a double house on land of the defendant, • a widow, the mother of Webster C. Langmaid. There was evidence, that Webster C. Langmaid in making the contract did so as the agent of the…
1Opinion of the CourtMorton, J.
There are two questions in this case; 1st, whether the instruction that was requested, “ that the meaning of ratification in law is the adoption of an act which has been done by one purporting or assuming to act as agent; ” and 2d, whether the motion for a new trial was rightly overruled.
It is evident, we think, that the instruction was understood, and rightly, by the presiding judge to mean that it was neces*429sary to a ratification, that the act should have been done by one who represented or held himself out as an agent in respect to the matter to which it related. But such is not the law. It…
2Cases cited5 opinions
- Sartwell v. FrostMassachusetts Supreme Judicial Court · 1877
- Behan v. WilliamsMassachusetts Supreme Judicial Court · 1877
- Freeman v. City of BostonMassachusetts Supreme Judicial Court · 1901
- Coffing v. DodgeMassachusetts Supreme Judicial Court · 1897
- Ford v. LinehanMassachusetts Supreme Judicial Court · 1888
3Cited by7 opinions
- Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
- Scannell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Wedgwood v. Eastern Commercial Travelers Accident Ass'nMassachusetts Supreme Judicial Court · 1941
- Allen v. Liston Lumber Co.Massachusetts Supreme Judicial Court · 1933
- Carpenter v. GrowMassachusetts Supreme Judicial Court · 1923
2 more not listed; retrieve them via the Exa API.