Elastic Tip Co. v. Graham
Massachusetts Supreme Judicial Court
Two actions OE contract for an alleged breach of a contract in writing. Writs dated March 12, 1897. The first of these cases was before the court at a previous stage as reported in 174 Mass. 507, the same contract having been before the court in Newton Rubber Works v. O-raham, reported in 171 Mass. 352. In the Superior Court the two cases were tried together before Sheldon, J. The contract declared on was as follows: “ We, the undersigned, covenanting that we are creditors…
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Two actions OE contract for an alleged breach of a contract in writing. Writs dated March 12, 1897. The first of these cases was before the court at a previous stage as reported in 174 Mass. 507, the same contract having been before the court in Newton Rubber Works v. O-raham, reported in 171 Mass. 352. In the Superior Court the two cases were tried together before Sheldon, J. The contract declared on was as follows: “ We, the undersigned, covenanting that we are creditors of the Quincy Cycle Company in the amounts set against our respective names, do hereby, each for himself, in…
1Opinion of the CourtLoring, J.
The plaintiffs’ first contention is that the words “ I authorize the above offer and agree to carry the same out if secured within the time named,” converted what was otherwise a written offer by the plaintiffs to the defendant into a written offer by the defendant to the plaintiffs, as explained in Elastic *600Tip Co. v. Graham, 174 Mass. 507; that this written offer was accepted by the plaintiffs, that the writing signed by both thereby became a binding agreement, and that it is not open to the defendant to add by paroi a new term to that agreement, as he now seeks to do, by showing that when…
2Cases cited10 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Westman v. KrumweideSupreme Court of Minnesota · 1883
- Butler v. SmithMississippi Supreme Court · 1858
- Watkins v. BowersMassachusetts Supreme Judicial Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Grannis v. . StevensNew York Court of Appeals · 1916
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- Hill v. HallMassachusetts Supreme Judicial Court · 1906
- McCusker v. GeigerMassachusetts Supreme Judicial Court · 1907
11 more not listed; retrieve them via the Exa API.