Saunders v. Smith Granite Co.
Massachusetts Supreme Judicial Court
Contract, for $160 alleged to be due to the plaintiff under a contract in writing by which the plaintiff agreed for one year from April 9, 1917, “to devote his entire time, energy and skill to the selling of the products of” the defendant “in the various forms as manufactured and quarried by them, especially cemetery work in all its details,” alleging that the plaintiff at all times was ready and willing to perform his part of the contract but was prevented from doing so by…
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Contract, for $160 alleged to be due to the plaintiff under a contract in writing by which the plaintiff agreed for one year from April 9, 1917, “to devote his entire time, energy and skill to the selling of the products of” the defendant “in the various forms as manufactured and quarried by them, especially cemetery work in all its details,” alleging that the plaintiff at all times was ready and willing to perform his part of the contract but was prevented from doing so by the defendant, its agents and servants. Writ in the Municipal Court of the City of Boston dated May 8, 1917. The answer…
1Opinion of the CourtLoring, J.
1. In support of the defendant’s request for a ruling that on all the evidence the plaintiff was not entitled to recover, the defendant now urges that the plaintiff “misrepresented both his occupation and his earning capacity” and represented that “he was qualified” “to perform efficiently the work for which he applied.” In its “substitute answer” the defendant alleged that the contract sued on “was based on the false and fraudulent representation of the plaintiff, upon which the defendant relied, that the plaintiff had theretofore been earning more than $50 a week” and “upon the following…
2Cases cited2 opinions
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- Hussey v. HollowayMassachusetts Supreme Judicial Court · 1914
3Cited by2 opinions
- Somers v. Commercial Finance Corp.Massachusetts Supreme Judicial Court · 1923
- Rothenberg v. Newton Mortgage Corp.Massachusetts Supreme Judicial Court · 1930