National Homes Corp. v. Worcester County National Bank

Massachusetts Appeals Court

National Homes Corp. v. Worcester County National Bank

372 N.E.2d 1314, 6 Mass. App. Ct. 852

DecidedMarch 2, 1978

StatusPublished

This text of 372 N.E.2d 1314 (National Homes Corp. v. Worcester County National Bank) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Homes Corp. v. Worcester County National Bank, 372 N.E.2d 1314, 6 Mass. App. Ct. 852 (Mass. Ct. App. 1978).

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Opinion

It is not necessary to decide whether either of the defendant’s letters to the plaintiff of April 11,1973, constituted a letter of credit within the scope of G. L. c. 106, § 5-102, or as defined in G. L. c. 106, § 5-103. See generally Moss v. Old Colony Trust Co., 246 Mass. 139, 151-152 (1923). On the subsidiary facts found by the master, the plaintiff was entitled to recover by reason of its full performance (and thus its acceptance) of the offer for a unilateral contract (Northampton Inst. for Sav. v. Putnam, 313 Mass. 1, 7 [1943]) set out in the second sentence of the second paragraph of both letters. Lent v. Padelford, 10 Mass. 230, 237-238 (1813). Train v. Gold, 5 Pick. 380, 384-385 (1828). Paige v. Parker, 8 Gray 211, 213 (1857). Bishop v. Eaton, 161 Mass. 496, 499-500 (1894).

Judgment affirmed.

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It is not necessary to decide whether either of the defendant’s letters to the plaintiff of April 11,1973, constituted a letter of credit within the scope of G. L. c. 106, § 5-102, or as defined in G. L. c. 106, § 5-103. See generally Moss v. Old Colony Trust Co., 246 Mass. 139, 151-152 (1923). On the subsidiary facts found by the master, the plaintiff was entitled to recover by reason of its full performance (and thus its acceptance) of the offer for a unilateral contract (Northampton Inst. for Sav. v. Putnam, 313 Mass. 1, 7 [1943]) set out in the second sentence of the second paragraph of both letters. Lent v. Padelford, 10 Mass. 230, 237-238 (1813). Train v. Gold, 5 Pick. 380, 384-385 (1828). Paige v. Parker, 8 Gray 211, 213 (1857). Bishop v. Eaton, 161 Mass. 496, 499-500 (1894).

Judgment affirmed.

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Bluebook (online)

372 N.E.2d 1314, 6 Mass. App. Ct. 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-homes-corp-v-worcester-county-national-bank-massappct-1978.

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