Legal Opinion

Gassett v. Glazier

Massachusetts Supreme Judicial Court

Decided March 11, 1896PublishedCited by 29 opinions

Tobt, or contract. The declaration contained four counts, the first of which alleged that in January and February, 1893, the defendant was the owner of certain shares of stock in the Mattison Drug Company, a corporation organized under the laws of the State of Maine, and, in order to induce the plaintiff to purchase certain of said shares, offered to sell to the plaintiff one hundred shares at the same price that the defendant had paid therefor, and represented that he had…

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Tobt, or contract. The declaration contained four counts, the first of which alleged that in January and February, 1893, the defendant was the owner of certain shares of stock in the Mattison Drug Company, a corporation organized under the laws of the State of Maine, and, in order to induce the plaintiff to purchase certain of said shares, offered to sell to the plaintiff one hundred shares at the same price that the defendant had paid therefor, and represented that he had paid for them the sum of fifty dollars per share; that the representation was false, and the defendant had paid therefor…

1Opinion of the CourtAllen, J.

The fourth count is on an account annexed, for the amount paid by the plaintiff to the defendant in excess of the agreed- price. There was some evidence tending to show that the agreement of sale was that the plaintiff should have the shares at cost. At the outset of the negotiations, according to his testimony, he said to the defendant, “If I go into this thing at all, I will only do so on the understanding that I pay no premium on the stock, and come in on the ground floor ” , and the defendant replied, “ Certainly, you shall have the stock at what it cost me.” There was some evidence…

2Cases cited11 opinions

  1. Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
  2. Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
  3. Parker v. MoultonMassachusetts Supreme Judicial Court · 1873
  4. Snow v. AlleyMassachusetts Supreme Judicial Court · 1887
  5. Mooney v. MillerMassachusetts Supreme Judicial Court · 1869

6 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
  2. Noble v. Mead-Morrison Manufacturing Co.Massachusetts Supreme Judicial Court · 1921
  3. DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
  4. Hammond Coal Co. v. LewisMassachusetts Supreme Judicial Court · 1924
  5. O'Shea v. VaughnMassachusetts Supreme Judicial Court · 1909

24 more not listed; retrieve them via the Exa API.

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