Pearson v. Mason
Massachusetts Supreme Judicial Court
Contract. The first and third counts of the declaration alleged that the plaintiff sold to the defendant a certain piece of' land on Joy Street in Somerville, and ten shares of the capital stock of the American Steam Safe Co., and received in payment therefor from the defendant four hundred shares of the capital stock of the Haverhill Lime Co., of which the par value was $5 per share; that the defendant at the time, and in consideration of tins sale, agreed to buy the four…
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Contract. The first and third counts of the declaration alleged that the plaintiff sold to the defendant a certain piece of' land on Joy Street in Somerville, and ten shares of the capital stock of the American Steam Safe Co., and received in payment therefor from the defendant four hundred shares of the capital stock of the Haverhill Lime Co., of which the par value was $5 per share; that the defendant at the time, and in consideration of tins sale, agreed to buy the four hundred shares of the Haverhill Lime Co., and, upon request by the plaintiff, pay him therefor $2.50 per share ; that the…
1Opinion of the CourtAmes, J.
We see no ground upon which these exceptions can be sustained. Upon the first and third counts of the declaration, the evidence was conflicting as to the question whether the defendant’s contract to take back and pay for the stock in the Haverhill Lime Company was made by him personally and on his own account, or whether in making it he was acting, and was known by the plaintiff to be acting, merely as the agent of another person. This was purely a question of fact, and was submitted to the jury with instructions to which we see no valid objection. The presiding judge did not adopt the…
2Cases cited1 opinion
- Thorndike v. LockeMassachusetts Supreme Judicial Court · 1867
3Cited by21 opinions
- Francis v. BakerSupreme Court of Minnesota · 1890
- Ward v. CobbMassachusetts Supreme Judicial Court · 1889
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- McCreery v. GreenMichigan Supreme Court · 1878
- Gaynor v. LaverdureMassachusetts Supreme Judicial Court · 1973
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