Selden Truck Corp. v. Selden Truck Serv. Co.
| Decision Date | 17 September 1926 |
| Citation | 257 Mass. 58,153 N.E. 259 |
| Parties | SELDEN TRUCK CORPORATION v. SELDEN TRUCK SERVICE CO. et al. SELDEN TRUCK SERVICE CO. v. SELDEN TRUCK CORPORATION. BAKER v. SAME. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Middlesex County; Lourie, Judge.
Bill in equity by the Selden Truck Corporation against the Selden Truck Service Company and others, with cross-bills by the Selden Truck Service Company and by William H. Baker against the Selden Truck Corporation. From the final decree rendered, the Selden Truck Service Company appeals. Decree dismissing cross-bill of defendant Baker, and granting relief to the Selden Truck Corporation, affirmed. Decree dismissing cross-bill of defendant the Selden Truck Service Company reversed, and decree entered, with directions.
Charles O. Pengra, of Boston, for plaintiff.
Farrer & McCormack, of Boston, for defendants.
The president of the Selden Truck Corporation August 10, 1923, sent the following letter to the defendant William H. Baker, treasurer of the Selden Truck Service Company and Baker Motor Sales Company:
‘August 10, 1923.
‘Mr. W. H. Baker, Treasurer, Selden Truck Service Co. and Baker Motor Sales Company, Cambridge, Mass.-Dear Sir: In confirming our conversation with you this afternoon in connection with the amounts owed us by the Selden Truck ServiceCompany and by Baker Motor Sales Company of Cambridge, of which two companies you are the treasurer, we understand you will pay us $15,000 cash and the notes in full and complete settlement and satisfaction of parts account of the Selden Truck Service Company, amounting to $10,070.03, and of the general account of Baker Motor Sales Company totaling $31,770.27 (less $12,215.84 of new notes of Dalton, People's Coal Company, Standard Coal Company [two series], Whitehouse & Sons, and W. H. Baker).
‘In consideration thereof, we will agree to assist you on Seldon truck sales in the Boston territory on a trial basis of not less than one year from date to the extent of our providing a sales manager and one salesman for each salesman furnished by you (not exceeding total of four). It is understood that the Selden truck sales will be taken care of by a new incorporation to be known as the Baker-Selden Truck Company, and that sales contract will be entered into between the new Baker-Selden Truck Company and ourselves.
‘It is understood that the Baker Motor Sales Company will pay us $5,000, and the Selden Truck Service Company $10,000 in settlement of the above accounts, divided as follows:
‘President Selden Truck Corporation.’
The letter was returned with this indorsement:
‘Accepted: W. H. Baker.
‘Treas. Selden Truck Serv. Co.
‘Baker Motor Sales Co.‘
It is found by the master that the letter and acceptance constituted the agreement between the parties, and from his report it appears that, although William H. Baker indorsed the notes, the contract was between the plaintiff and the defendants, the Selden Truck Service Corporation and the Baker Motor Service Company. It was not the personal agreement of William...
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