(DOWNLOAD) "Krock v. Consolidated Mines & Power Co." by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Krock v. Consolidated Mines & Power Co.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 30, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
CROSBY, Justice. This is an action of contract brought in the Municipal Court of the City of Boston to recover for printing work. The plaintiff (doing business as the Boston Printing Company) testified, in direct examination, that as a result of a conversation with one Mabey he called at the office of the defendant, and there met Mabey and Walter S. Thompson and had a conversation with them. He was asked to 'state the conversation * * * had with Mabey and Thompson.' The defendant objected. The Judge ruled that he would admit the evidence de bene. The plaintiff stated, in substance, that Mabey said he wanted some printing done; that Mabey gave him copies of what he wanted printed, and told the plaintiff to charge it to the Consolidated Mines & Power Company, Limited; that he (the witness) later showed some proofs to Mabey or Thompson, and, subsequently, circulars which were printed by the plaintiff were delivered at the office of the defendant; that on the door of this office was the name Walter S. Thompson and also the name of the defendant company; that statements were sent to the defendant each month; that he never heard from the defendant until about eight months after the last item of the account annexed was delivered, when he received a letter from the defendant stating that it never ordered any work to be done by the plaintiff; that the plaintiff received a small payment on account and this payment was by check of Mabey. The printed matter was a prospectus of the defendant company. On cross-examination the plaintiff testified that he had known Mabey for several years and during this period Mabey had ordered printing from him at various times; that Mabey had an account with him; that he never met Thompson until February, 1932, when he had the conversation with him in the office of the defendant, which he referred to in his direct examination. One Bremner, called by the defendant, testified that he is the treasurer and secretary of the defendant and spends all his time at the office of the company; that he never saw the plaintiff there and never ordered any printing from him or authorized any one to do so; that Mabey was not an officer or employee of the defendant; that Thompson was and now is the attorney for the defendant but is not an officer.