Johnson v. Reed
Massachusetts Supreme Judicial Court
This was an action of the case, in which the plaintiff declared upon the following memorandum of an agreement between tht> parties, viz.: — “ Memorandum of an agreement made between Jacob Johnsoron the one part, Abraham Reed and Daniel Cummings on the other, witnesseth that the said Reed and Cummings do engage to pay the said Johnson, on or before the first day of September next, all and the full sums he, the said Johnson, shall recover of Thomas Millet ; and the interest is…
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This was an action of the case, in which the plaintiff declared upon the following memorandum of an agreement between tht> parties, viz.: — “ Memorandum of an agreement made between Jacob Johnsoron the one part, Abraham Reed and Daniel Cummings on the other, witnesseth that the said Reed and Cummings do engage to pay the said Johnson, on or before the first day of September next, all and the full sums he, the said Johnson, shall recover of Thomas Millet ; and the interest is to begin at this date. And the said Johnson engages to let them have all the advantage of the demands he is entitled…
1Opinion of the Court
The cause stood over to this term for advisement; and now the opinion of the Court was delivered by
Parker, J.
Whether the verdict, in this case, is right, depends upon the construction of the writing upon which the action is brought; which, by the plaintiff, is considered to be evidence of mutual and independent promises, and, by the defendants, to contain evidence of a promise on their part, dependent only Upon a due performance of the promise of the plaintiff to them.
The facts in evidence so clearly show a want of justice in the plaintiff’s demand, that his counsel has been necessarily…
2Cases cited2 opinions
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
- Seymour v. BennetMassachusetts Supreme Judicial Court · 1817
3Cited by19 opinions
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Waldo Bros. v. Platt Contracting Co.Massachusetts Supreme Judicial Court · 1940
- Pharr v. BachelorSupreme Court of Alabama · 1841
- Kettle v. HarveySupreme Court of Vermont · 1849
- Arnett v. SmithNorth Dakota Supreme Court · 1902
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