Tracey v. Grant
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that, in consideration of services to be rendered by the plaintiff to the defendant, in procuring persons to organize a corporation, the defendant promised to pay the plaintiff $200 in cash, and to transfer to him one hundred shares of the capital stock of the corporation so to be formed; that the plaintiff rendered the services agreed upon, and organized the corporation; that the defendant refused to pay said money or transfer said stock;…
Read the full summary
Contract. The declaration alleged that, in consideration of services to be rendered by the plaintiff to the defendant, in procuring persons to organize a corporation, the defendant promised to pay the plaintiff $200 in cash, and to transfer to him one hundred shares of the capital stock of the corporation so to be formed; that the plaintiff rendered the services agreed upon, and organized the corporation; that the defendant refused to pay said money or transfer said stock; and that the plaintiff claimed damages for the breach of the defendant’s promise. The defendant filed a declaration in…
1Opinion of the CourtC. Allen, J.
1. The plaintiff’s demand was for an unliquidated sum. He sought to recover damages for the defendant’s refusal to perform his promise. That promise, as alleged, was to pay a certain sum of money and to transfer a certain number of shares. This promise was alleged to have been broken; and, for the breach, the plaintiff claimed damages. These damages were unliquidated, and could not be ascertained by calculation, but would depend upon a consideration of how much the plaintiff was entitled to recover for the breach of the whole agreement of the defendant. No set-off, therefore, could be…
2Cases cited1 opinion
- Montague v. Boston & Fairhaven Iron WorksMassachusetts Supreme Judicial Court · 1867
3Cited by2 opinions
- Ryder v. WarrenMassachusetts Supreme Judicial Court · 1936
- Murphy v. RussellMassachusetts Supreme Judicial Court · 1909