Freeman v. Foss
Massachusetts Supreme Judicial Court
Contract, on an account annexed, for work and labor of the plaintiff’s minor son, from March 31, 1884, to March 18, 1885, and from October 5, 1885, to January 4, 1886, at $3 a week, amounting in all to $189. Writ dated May 29, 1886. Answer: I. A general denial. 2. That, on or about March 31, 1884, the defendant entered into an agreement with the son, with the full knowledge of the father, by the terms of which the defendant, a dentist, agreed to take the son into his office,…
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Contract, on an account annexed, for work and labor of the plaintiff’s minor son, from March 31, 1884, to March 18, 1885, and from October 5, 1885, to January 4, 1886, at $3 a week, amounting in all to $189. Writ dated May 29, 1886. Answer: I. A general denial. 2. That, on or about March 31, 1884, the defendant entered into an agreement with the son, with the full knowledge of the father, by the terms of which the defendant, a dentist, agreed to take the son into his office, furnish him with books for his use and study, and, if the son remained with the defendant two years, to pay his tuition…
1Opinion of the CourtKnowlton, J.
The defendant seeks to avoid liability for services of the plaintiff’s son, by showing that they were rendered under an express contract, and that he did all that he *363agreed to do so long as the hoy remained in his service. The contract which he sets up was within the statute of frauds; it was entire and indivisible, and was not fully performed by either party.. A large part of the consideration for the plaintiff’s agreement was not payable by the defendant until after the end of the term of service, and no part of it was applicable to any particular portion of the term. As the plaintiff could…
2Cases cited1 opinion
- Comes v. LamsonSupreme Court of Connecticut · 1844
3Cited by6 opinions
- Estate of KesslerWisconsin Supreme Court · 1894
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Biest v. VerSteeg Shoe Co.Missouri Court of Appeals · 1902
- Hughes v. GrossMassachusetts Supreme Judicial Court · 1896
- Bruni v. AndreMassachusetts Supreme Judicial Court · 1959
1 more not listed; retrieve them via the Exa API.