Manley v. Geagan
Massachusetts Supreme Judicial Court
Contract by the administratrix of Edwin Manley upon an oral promise to pay the following order: “ Pall River, October 9, 1868. Nicholas T. Geagan, Sir: Please to pay Edwin Manley thirteen hundred and fifty-four dollars for work on your house, comer of Bedford and Twelfth Streets, and charge the same to account of H. B. Borden & Co.” The answer denied all the plaintiff’s allegations, and pleaded want of consideration, and the statute of frauds.
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Contract by the administratrix of Edwin Manley upon an oral promise to pay the following order: “ Pall River, October 9, 1868. Nicholas T. Geagan, Sir: Please to pay Edwin Manley thirteen hundred and fifty-four dollars for work on your house, comer of Bedford and Twelfth Streets, and charge the same to account of H. B. Borden & Co.” The answer denied all the plaintiff’s allegations, and pleaded want of consideration, and the statute of frauds. The trial was in the superior court, without a jury, before Pit-man, J., who made the following report of the case for the determination of this court:…
1Opinion of the CourtGray, J.
The promise of the defendant was to pay for work already done by the intestate for Borden & Company, without any previous contract with or employment by the defendant. The defendant owed Borden & Company nothing, and received no consideration, either from Borden & Company or from the intestate for his promise. The intestate neither did any work nor paid any money upon the faith of this promise, nor gave up any right or security against Borden & Company. Their original liability to him was not altered or affected by the defendant’s promise. This promise was therefore clearly a promise to…
2Cases cited1 opinion
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
3Cited by5 opinions
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- Werner Construction Co. v. Dorchester Savings BankMassachusetts District Court, Appellate Division · 1970