Hapgood v. Shaw
Massachusetts Supreme Judicial Court
Two actions op contract; the first by Hapgood against Frank Shaw and George Warren, to recover back $100 paid for guns which never were delivered; the second by Shaw and Warren against Hapgood, to recover for his refusal to accept and,pay for the guns.
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Two actions op contract; the first by Hapgood against Frank Shaw and George Warren, to recover back $100 paid for guns which never were delivered; the second by Shaw and Warren against Hapgood, to recover for his refusal to accept and,pay for the guns. The actions were tried together in the superior court, before Devens, J. It appeared at the trial, that Hapgood, who was a dealer in guns in Boston, ordered guns from Joseph Child, a manufacturer *n England, through Shaw and Warren, who were shipping merjants doing business in Boston and Liverpool under the name of Warren & Company; that Child…
1Opinion of the CourtWells, J.
Whether the contract between the parties was a sale and purchase of the guns, or an agreement to adopt the "acts of Warren & Company, and adjust their advances and expenses in the execution of an agency assumed by them without authority, is immaterial to the decision of these cases. The rights and liabilities of the respective parties here must be determined by the provisions of their mutual agreement. Both actions are founded on that agreement. Warren & Company sue for the balance due under it; Hapgood for a return of his money, on the ground of a default by Warren & Company in not…
2Cases cited4 opinions
- Parker v. ParmeleNew York Supreme Court · 1822
- Green v. ReynoldsNew York Supreme Court · 1807
- Patterson v. MillerCourt of Appeals of Kentucky · 1859
- Hudson v. SwiftNew York Supreme Court · 1822
3Cited by34 opinions
- Singarella v. City of BostonMassachusetts Supreme Judicial Court · 1961
- Lafayette Place Associates v. Boston Redevelopment AuthorityMassachusetts Supreme Judicial Court · 1998
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Leigh v. RuleMassachusetts Supreme Judicial Court · 1954
- Lowe v. HarwoodMassachusetts Supreme Judicial Court · 1885
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