Gagnon v. Sperry & Hutchinson Co.
Massachusetts Supreme Judicial Court
Contract for the alleged breach of a contract in writing made on October 3, 1908, by which the defendant agreed to furnish the plaintiff with trading stamps at a fixed rate for exclusive distribution in connection with sales on a certain street in Fitchburg for one year or so long as the plaintiff continued in business.
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Contract for the alleged breach of a contract in writing made on October 3, 1908, by which the defendant agreed to furnish the plaintiff with trading stamps at a fixed rate for exclusive distribution in connection with sales on a certain street in Fitchburg for one year or so long as the plaintiff continued in business. Writ dated March 20, 1909. In the Superior Court the case was tried before Aiken, C. J. It appeared that in April, 1908, the plaintiff, who previously had worked in a chair shop, purchased a grocery business that was an established business and was carried on in a building…
1Opinion of the CourtHammond, J.
1. As to liability. There was evidence that a paper writing was signed by the parties, in the plaintiff’s store, on October 3, 1908, and that after it was signed Demmon the agent of the defendant took it away, so that he might “ print on the back of ” it a statement that the plaintiff was “ to have exclusive right on Daniels Street,” in the Cleghorn district. The question, whether it was the understanding of the parties that the contract as signed should then and there at the time of the signing become operative and binding upon them irrespective of the time when the indorsement should be…
2Cases cited3 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Magnolia Metal Co. v. GaleMassachusetts Supreme Judicial Court · 1905
3Cited by41 opinions
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Hendricks & Associates, Inc. v. Daewoo CorporationCourt of Appeals for the First Circuit · 1991
- O'Brien v. PearsonMassachusetts Supreme Judicial Court · 2007
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