Silver v. Jordan
Massachusetts Supreme Judicial Court
Contract, against Eben D. Jordan and Charles Marsh, co-partners under the firm name of Jordan, Marsh, and Company, and Isaac Hayden, upon an account annexed. The case was referred to an auditor, whose report, so far as material to the point decided, was in substance as follows : The defendant Hayden had several patents for cleaning cotton, consisting of a machine which he claimed was superior to all other machines or apparatus then in use for that purpose.
Read the full summary
Contract, against Eben D. Jordan and Charles Marsh, co-partners under the firm name of Jordan, Marsh, and Company, and Isaac Hayden, upon an account annexed. The case was referred to an auditor, whose report, so far as material to the point decided, was in substance as follows : The defendant Hayden had several patents for cleaning cotton, consisting of a machine which he claimed was superior to all other machines or apparatus then in use for that purpose. In the spring of 1866, Hayden had several interviews with the defendant Jordan, in which he explained to Jordan the nature of his machine…
1Opinion of the CourtW. Allen, J.
The only ground upon which the defendants can be held liable is, that they were the undisclosed principals in *321the contract between Hayden and the plaintiffs. It is immaterial whether Hayden had authority to make the contract for the defendants, either by themselves or jointly with him. If he had any authority, he did not exercise it, but made the contract for himself; and the plaintiffs, with information that the defendants were interested, expressly contracted with Hayden as principal. It is objected that the plaintiffs were not informed what the interest of the defendants was. Without…
2Cited by16 opinions
- Buffington v. McNallyMassachusetts Supreme Judicial Court · 1906
- Ferrick v. BarryMassachusetts Supreme Judicial Court · 1946
- Elwell v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1918
- Gay v. KelleySupreme Court of Minnesota · 1909
- Rounsaville v. . Insurance Co.Supreme Court of North Carolina · 1905
11 more not listed; retrieve them via the Exa API.