Holyoke Envelope Co. v. United States Envelope Co.
Massachusetts Supreme Judicial Court
Contract for an alleged breach of an agreement in writing. Writ dated December 16, 1899. In the Superior Court the case was heard by Bishop, J., who sustained a demurrer to the amended declaration. The plaintiff appealed.
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Contract for an alleged breach of an agreement in writing. Writ dated December 16, 1899. In the Superior Court the case was heard by Bishop, J., who sustained a demurrer to the amended declaration. The plaintiff appealed. The amended declaration was as follows > “ And the plaintiff further says that it entered into a contract in writing — a copy whereof is hereto annexed — with Dean and Shibley, agents of the defendant, and whose appointees under and within the meaning of said contract the defendant became, to sell to said Dean and Shibley or their appointees, ‘ all its real estate situated…
1Opinion of the CourtHolmes, C. J.
The document declared on discloses no signature and does not indicate that a signature by any one other than the plaintiff was contemplated. We assume however that at its date it was at least a paroi offer on the plaintiff’s part. We assume further that at that time the defendant corporation had not been created. This is stated very candidly by the plaintiff and the contrary does not appear from the count. Under such circumstances, if the alleged contract was made at its date the defendant could not be a party to it. Abbott v. Hapgood, 150 Mass. 248, 252. Penn Match Co. v. Hapgood, 141 Mass.…
2Cases cited2 opinions
- Abbott v. HapgoodMassachusetts Supreme Judicial Court · 1889
- Penn Match Co. v. HapgoodMassachusetts Supreme Judicial Court · 1886
3Cited by16 opinions
- Glass v. Newport Clothing Co.Supreme Court of Vermont · 1939
- Framingham Savings Bank v. Joseph Szabo, TrusteeCourt of Appeals for the First Circuit · 1980
- Koppel v. Massachusetts Brick Co.Massachusetts Supreme Judicial Court · 1906
- Pennell v. LothropMassachusetts Supreme Judicial Court · 1906
- Copp v. HagueMassachusetts District Court, Appellate Division · 1994
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