Sherwin v. Fletcher
Massachusetts Supreme Judicial Court
Contbact, on the following agreement. “ We, the undersigned subscribers, do hereby agree to pay the sum set against our respective names, the same to be pay able under and in accordance with the following conditions, namely: “ 1. The money by us subscribed is to be used for the purpose of erecting a building in the town of Ayer, to be used for the manufacture of boots and shoes.
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Contbact, on the following agreement. “ We, the undersigned subscribers, do hereby agree to pay the sum set against our respective names, the same to be pay able under and in accordance with the following conditions, namely: “ 1. The money by us subscribed is to be used for the purpose of erecting a building in the town of Ayer, to be used for the manufacture of boots and shoes. “ 2. The details regarding the plan under which the subscribers hereto shall organize themselves, and upon which said building shall be erected and rented, shall be hereafter fixed and determined by a majority in…
1Opinion of the CourtAllen, J.
The demurrer to the declaration was rightly overruled. The written agreement signed by the defendant was virtually a promise to pay to such person or persons as should be fixed at a meeting of the subscribers. This promise was at the outset an offer, but when steps were taken in pursuance of Article 2, and a plan was fixed and determined as therein provided, and the plaintiffs were chosen trustees, they became the promisees : and when they proceeded to erect a building in reliance upon the subscriptions of the defendant and others, and before any withdrawal or retraction by him, that supplied…
2Cases cited5 opinions
- Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
- Athol Music Hall Co. v. CareyMassachusetts Supreme Judicial Court · 1875
- Hudson Real Estate Co. v. TowerMassachusetts Supreme Judicial Court · 1892
- Hudson Real Estate Co. v. TowerMassachusetts Supreme Judicial Court · 1894
- Davis v. Smith American Organ Co.Massachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Loranger Construction Corp. v. E. F. Hauserman Co.Massachusetts Appeals Court · 1978
- Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
- Martin v. MelesMassachusetts Supreme Judicial Court · 1901
- Emerson v. GerberMassachusetts Supreme Judicial Court · 1901
- Robinson v. NuttMassachusetts Supreme Judicial Court · 1904
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