Graham v. Middleby
Massachusetts Supreme Judicial Court
Contract upon a bond signed by the five defendants, in the penal sum of $6,000, the condition of which was that “if the Hatch Storage Battery Company shall in all respects perform and carry out its agreement with said Graham [the plaintiff] contained in the contracts to which this bond is annexed, then this obligation shall be void, otherwise it shall be and remain in full force and virtue.”
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Contract upon a bond signed by the five defendants, in the penal sum of $6,000, the condition of which was that “if the Hatch Storage Battery Company shall in all respects perform and carry out its agreement with said Graham [the plaintiff] contained in the contracts to which this bond is annexed, then this obligation shall be void, otherwise it shall be and remain in full force and virtue.” Writ dated August 15, 1901. In the Superior Court the case was tried before Sherman, J. The action was defended by the defendants Middleby, Edgcomb, Hatch and Davis, the defendant Clare not entering any…
1Opinion of the CourtBraley, J.
By the terms of the bond, the defendants were held to the obligation that their principal should perform its agreements made with the plaintiff contained in two separate contracts of even date with its execution.
*352As the bond was typewritten any change or addition by letters in manuscript would be apparent on inspection, but it could not be said that the addition of a single letter to a word in a typewritten instrument is so unusual or extraordinary as to take it out of the common rule of practice that in such a case it is within the discretion of the trial judge, after proof of execution, to…
2Cases cited12 opinions
- Watertown Fire Insurance v. SimmonsMassachusetts Supreme Judicial Court · 1881
- Welch v. WalshMassachusetts Supreme Judicial Court · 1901
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1877
- White v. DugganMassachusetts Supreme Judicial Court · 1885
- Preble v. BaldwinMassachusetts Supreme Judicial Court · 1850
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Kidder v. GreenmanMassachusetts Supreme Judicial Court · 1933
- City of Lowell v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1943
- First National Bank v. FordWyoming Supreme Court · 1923
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. SpiropoulosMassachusetts Supreme Judicial Court · 1911
29 more not listed; retrieve them via the Exa API.