Athol Music Hall Co. v. Carey
Massachusetts Supreme Judicial Court
Contract on the following agreement: “ We, the undersigned, severally promise and agree to and with each other that we will associate ourselves into a corporation, the name whereof shall be determined by the members thereof, and pay to the treasurer of said corporation the amount of the several shares set against our respective names, for the purpose of purchasing the homestead of Washington H. Amsden, in Athol, on Main Street, and erecting a public hall thereon.
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Contract on the following agreement: “ We, the undersigned, severally promise and agree to and with each other that we will associate ourselves into a corporation, the name whereof shall be determined by the members thereof, and pay to the treasurer of said corporation the amount of the several shares set against our respective names, for the purpose of purchasing the homestead of Washington H. Amsden, in Athol, on Main Street, and erecting a public hall thereon. The amount of the capital stock of said corporation to be not less than twenty thousand dollars. Names. No. of shares. Amount. John…
1Opinion of the CourtWells, J.
In agreements of this nature, entered into before the organization is formed, or the agent constituted to receive the amounts subscribed, the difficulty is to ascertain the promisee, in whose name alone suit can be brought. The promise of each subscriber, “ to and with each other,” is not a contract capable of being enforced, or intended to operate literally as a contract to be enforced between each subscriber and each other who may have signed previously, or who should sign afterwards, nor between each subscriber and all the others collectively as individuals. The undertaking is inchoate and…
2Cases cited1 opinion
- Tipton v. ChambersCourt of Appeals of Kentucky · 1859
3Cited by31 opinions
- Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
- United Hebrew Benevolent Ass'n v. BenshimolMassachusetts Supreme Judicial Court · 1881
- Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
- Eden v. MillerCourt of Appeals for the Second Circuit · 1930
- Martin v. MelesMassachusetts Supreme Judicial Court · 1901
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