Lawrence v. Snow

Decision Date17 May 1892
Citation31 N.E. 486,156 Mass. 412
PartiesLAWRENCE v. SNOW et al.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

Action of contract brought by G.L. Lawrence against Edward A. Snow and others to recover one half the commissions on 99 car loads of melons, under the following contract "June 18, 1890. Memorandum agreement between G.L Lawrence, of New York, and Snow & Co., of Boston. Snow & Co. to handle all the melons shipped to Boston by the Georgia and Carolina Melon Exchange and its co-operators; the rate of commission to be charged to said exchange by Snow & Co. to be ten per cent.; Snow & Co. to rebate said Lawrence five per cent. on the gross sales; Snow & Co. to employ competent salesmen to facilitate the business in their hands with dispatch and good intention. This agreement as to rebate of commission to cover all melons received by Snow & Co. this season from Georgia and South Carolina, exclusive of ten cars, provided that many are shipped to Snow & Co. independent of the exchange or its co-operators. All account sales to be made to the exchange with remittance, and duplicate sales to be sent to Mr. Lawrence at same time. All orders for shipments to be made through said Lawrence; Snow & Co. not holding the said Lawrence to the fulfillment of this agreement as pertains to shipments to this market by said exchange; said Lawrence, however, agreeing to use all efforts to promote shipments to Snow & Co. SNOW & CO. G.L. LAWRENCE. Boston, June 18, 1890." From an order directing a verdict for plaintiff, defendant excepts. Exceptions overruled.

COUNSEL

J.D. Long, for plaintiff.

Emmons & Emmons, for defendants.

OPINION

KNOWLTON J.

It appears from the contract, and from the undisputed evidence in this case, that there was an association called the "Georgia & Carolina Melon Exchange;" that the plaintiff subscribed for the stock of the exchange, and paid money, whereby he obtained the privilege of selling, or permitting others to sell, the melons shipped by the exchange to Boston during the season of 1890; and that he made with the defendants the contract in writing set out in the bill of exceptions. He claims 5 per cent. of the gross amount of the defendants' sales under the contract, except the proceeds of 10 car loads, on which he was to receive no commission. The only defense set up is that there was a partnership between the parties, or that the plaintiff was only to receive a share of the...

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