Schaefer v. Strieder
Massachusetts Supreme Judicial Court
Contract for the sum of $1,950, which the plaintiff alleged that he paid for two thousand shares of the stock of the West Side Sumatra Tobacco Company upon the alleged promise of the defendant to pay the plaintiff that sum if at any time thereafter the plaintiff should become dissatisfied with the stock or should want his money, provided the plaintiff should give the defendant one month’s notice thereof.
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Contract for the sum of $1,950, which the plaintiff alleged that he paid for two thousand shares of the stock of the West Side Sumatra Tobacco Company upon the alleged promise of the defendant to pay the plaintiff that sum if at any time thereafter the plaintiff should become dissatisfied with the stock or should want his money, provided the plaintiff should give the defendant one month’s notice thereof. Writ dated June 24,1907. The answer contained a general denial, and set up the defense of R. L. c. 74, § 5, in the language quoted in the opinion. In the Superior Court the case was tried…
1Opinion of the CourtKnowlton, C. J.
There was uncontradicted evidence from the plaintiff and the plaintiff’s wife that the defendant induced the plaintiff to invest in stock of the West Side Sumatra Tobacco Company, a corporation, to the amount of $2,000, upon the defendant’s promise that if he was dissatisfied or wanted his money at any time, the defendant -would give it back to him. This promise was testified to as having been made at different times in slightly varying language, the final arrangement being that, if the plaintiff was dissatisfied or wanted his money, he should give the defendant thirty days’ notice and he…
2Cases cited2 opinions
- Boardman v. CutterMassachusetts Supreme Judicial Court · 1880
- Corey v. WoodinMassachusetts Supreme Judicial Court · 1907
3Cited by6 opinions
- Armstrong v. OrlerMassachusetts Supreme Judicial Court · 1915
- Dustin v. Randall Faichney Corp.Massachusetts Supreme Judicial Court · 1928
- Kunzmann v. PetteysSupreme Court of Colorado · 1923
- Pyskoty v. SobusiakSupreme Court of Connecticut · 1929
- Pierce v. RothwellWyoming Supreme Court · 1928
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