Giddings v. Sears

Massachusetts Supreme Judicial Court

Giddings v. Sears

103 Mass. 311

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1869

StatusPublished

Cited by3 cases

This text of 103 Mass. 311 (Giddings v. Sears) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Giddings v. Sears, 103 Mass. 311 (Mass. 1869).

Pincite

Opinion

Colt, J.

There is nothing in the case which seems to require the instruction which the defendant requested. Upon the defendant’s evidence, it is plain that the plaintiffs purchased for him upon his order, and held , the stock only as agents for him. The rule asked for is applicable only where the plaintiff seeks tc recover damages for the breach of an executory contract of sale. The jury must have found, under the instructions given, that the stock was bought and held by the plaintiffs for the defendant, and that he did not order it to be sold.

Judgment on the verdict.

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Colt, J.

There is nothing in the case which seems to require the instruction which the defendant requested. Upon the defendant’s evidence, it is plain that the plaintiffs purchased for him upon his order, and held , the stock only as agents for him. The rule asked for is applicable only where the plaintiff seeks tc recover damages for the breach of an executory contract of sale. The jury must have found, under the instructions given, that the stock was bought and held by the plaintiffs for the defendant, and that he did not order it to be sold.

Judgment on the verdict.

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Bluebook (online)

103 Mass. 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giddings-v-sears-mass-1869.

Opinion

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