Nickerson v. English
Massachusetts Supreme Judicial Court
Contract. Writ dated May 27, 1881. The declaration alleged that, on or about November 26,1880, the defendant agreed that, if the plaintiff would pay him $10,500, he would deliver to the plaintiff forty-five hundred shares of stock in the Napa Consolidated Quicksilver Mining Company; that the plaintiff paid said sum to the defendant, and received from him three thousand shares of said stock; and that the defendant refused to deliver the remaining fifteen hundred shares.
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Contract. Writ dated May 27, 1881. The declaration alleged that, on or about November 26,1880, the defendant agreed that, if the plaintiff would pay him $10,500, he would deliver to the plaintiff forty-five hundred shares of stock in the Napa Consolidated Quicksilver Mining Company; that the plaintiff paid said sum to the defendant, and received from him three thousand shares of said stock; and that the defendant refused to deliver the remaining fifteen hundred shares. The answer contained a general denial, and, in addition to other defences which need not now be stated, averred “ that, if…
1Opinion of the CourtField, J.
The defendant relies upon his exceptions to the exclusion of evidence offered by him, and to the refusal of the judge to give the instructions to the jury which he requested.
Whether the agreement of August 5, 1880, was ever binding upon the Napa Consolidated Quicksilver Company or not is, we think, immaterial, because the action is not against the company, or on that agreement. It may be, as the judge below suggested, that there was no evidence that the defendant was authorized by that company to execute any such agreement in its name, either by himself or by any agents he might appoint. That…
2Cases cited2 opinions
- Melvin v. Lamar InsuranceIllinois Supreme Court · 1875
- Harvey v. HuntMassachusetts Supreme Judicial Court · 1876
3Cited by2 opinions
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