A Manual of the Laws of Massachusetts in Relation to Manufacturing Corporations : Together With a Summary of the Laws Affecting Corporations Generally in This Commonwealth, Especially Those Organized for Business Purposes

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. and that though his agreement was originally made with his associates, as indi- viduals, yet the corporation, upon its organization, became a party to it, and liable to him for its per- formance." But it was held by the Court, that, " assuming this to be so, yet, in order to enable him to enforce its performance against them, he must allege and prove performance, or readiness to perform, on his part.
The obligation, on the part of the corporation, was to allow him to take the two hundred shar
...es for which he had subscribed. On his part it was to take and pay for them. By the terms of his subscrip- tion, one-third of the amount was payable immedi- ately upon the organization, which took place on the 3d of July. The vote of the Directors, postponing the payment to the 16th of July, was a mere exten- sion of time upon his promise. A notice of the postponement would hardly be necessary, yet the ofBcers made all reasonable efforts to give him notice of it, and failed because he had gone out of the Commonwealth, and left them ignorant of his ad- dress.

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