Mass, Volume 194General Books LLC, 2009 - 568 pages This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1908 Excerpt: ... rights of the parties when they met on February 21, 1902, and the accounting which the plaintiff was ready to take up had this power been taken by the defendant. The defendant's next contention is that the plaintiff had failed to pay the taxes on the land and interest on the advances for the sixth house. So far as the unpaid taxes are concerned the jury, under the charge of the presiding judge, could not find for the plaintiff without finding that the defendant had been put in funds by the plaintiff to pay those taxes and that interest. The defendant never had asked for an accounting to fix the amount to be secured by mortgage for advances on the sixth house, and until that was done no interest on that sum could be said to be in default. It would seem pretty clear that the reason for the defendant's putting this off was because he had not discharged, and did not wish to discbarge, the attachments as he had agreed to do. The last argument is that there is no evidence that the plaintiff's willingness to give the other mortgage ever was communicated to the defendant. On the evidence already stated we are of opinion that the jury were warranted in finding that it was impliedly, if not expressly, communicated to him. Exceptions overruled. Arerthaw Construction Company Vs. C. W. Cameron & others. Suffolk. December 3, 1906.--February 27, 1907. Present: Knowlton, C. J., Hammond, Loring, Braley, & Ruog, JJ. Unlawful Interference. Equity Jurisdiction, To enjoin conspiracy. Conspiracy. Labor Union. Corporation. Equity Pleading and Practice, Decree. A corporation may be enjoined from conspiring with others to interfere unlawfully with the performance of a contract and may be held liable in damages for such interference in the same way and to the same extent that a natu... |
