Dawes v. Jackson

Decided March 15, 1813

Massachusetts Supreme Judicial Court · decided 1813-03-15

Covenant broken, upon an indenture of two parts, wherein the defendant, “ as superintendent or agent of the Massachusetts state prison,” covenanted to furnish the plaintiff with a number of convicts, from 20 to 40, for one year from the date, for the purpose of employing them in the business of plating and harness-making, or the manufactory of such other articles as the defendant might find profitable, and to furnish stock as it might be wanted monthly, and to provide tools,…

Decided 1813-03-15

Curia.

¶1We are of opinion that the defendant’s second plea in bar is a sufficient defence to the action. He made the covenants as superintendent of the prison. He had, at the time, sufficient authority, in virtue of his office, to make the contract; and the government was bound by every equitable principle to see it executed. The plaintiff has no remedy but by application to the government. The second plea in bar is adjudged good, (a)

¶2 [Chandler vs. Mann, ante, 335. — And see Story on Agency, pp. 137—152. — Ed.]