Bullard v. Smith
Massachusetts Supreme Judicial Court
Contract, by the administrator of the estate of George E. Foster, to recover one half of the loss resulting from the purchase and sale of one hundred shares of stock in a railroad corporation.
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Contract, by the administrator of the estate of George E. Foster, to recover one half of the loss resulting from the purchase and sale of one hundred shares of stock in a railroad corporation. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered evidence tending to show the following facts: On June 3, 1881, Foster gave an order to Jackson and Curtis, brokers, doing business in Boston, to buy and carry for his account one hundred shares of the stock in question. Foster was in the habit of dealing with said brokers on…
1Opinion of the CourtC. Allen, J.
The defendant contends that, if the evidence shows any contract, it is not binding, because it was a contract, not in writing, for the sale of goods, wares, and merchandise exceeding fifty dollars in value, within the Gen. Sts. a. 105, § 5. The jury, however, under the instructions given to them, must have found that the contract was of a different character; and that it was, in substance, a contract between Foster and the defendant to share equally in the profits and losses which might result from the sale of the stock. Such finding was warranted by the evidence. The plaintiff’s testimony…
2Cases cited3 opinions
- Ames v. JacksonMassachusetts Supreme Judicial Court · 1874
- Durant v. BurtMassachusetts Supreme Judicial Court · 1867
- Colt v. ClappMassachusetts Supreme Judicial Court · 1879
3Cited by7 opinions
- Hoffman v. Charlestown Five Cents Savings BankMassachusetts Supreme Judicial Court · 1918
- Colt v. FradkinMassachusetts Supreme Judicial Court · 1972
- Witherington v. EldredgeMassachusetts Supreme Judicial Court · 1928
- Fuller v. LovellMassachusetts Supreme Judicial Court · 1939
- Stack v. Roth Bros.Wisconsin Supreme Court · 1916
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