[DOWNLOAD] "Tudor Press v. University Distributing Co." by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Tudor Press v. University Distributing Co.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 01, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

QUA, Justice. The first and second counts, upon which the Judge found for the plaintiff, declare for the purchase price for various shipments of picture puzzles sold and delivered by the plaintiff to the defendant from February to May, 1933. The defendant excepts to the granting of rulings requested by the plaintiff, to the refusal of rulings requested by the defendant and to a finding of the Judge that certain pictures referred to in the fifth item of the plaintiff's account annexed were ordered and delivered and that the charge therefore is fair and reasonable. The defense is based principally upon an alleged novation whereby it is contended that the plaintiff agreed to accept as its debtor a new corporation known as the University Manufacturing Company and to release the defendant. The manufacturing company was organized by officers of the defendant. On April 28, 1933, it took over the defendant's picture puzzle business and agreed with the defendant to assume and pay the defendant's accounts payable arising after March 31, 1933. There was no evidence of any formal notice to the plaintiff of this transaction. The plaintiff's president, who could be found to have been in general charge of its affairs, testified that he did not know that the defendant had sold its business until July, which was after all deliveries had been made; that although he had heard the title University Manufacturing Company about April 29, he did not know it was a new corporation; that he had been told the name only had been changed, and 'thought it was simply the old corporation that had changed its name.' There was also other evidence in the form of letterheads, letters, and invoices from the plaintiff, from which an inference could be drawn that the plaintiff did know that there was a new corporation. The Judge found that there was no novation as to the items contained in the first and second counts.

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