Bemis v. Faxon
Massachusetts Supreme Judicial Court
This was an action of the case in assumpsit, commenced by a writ, dated April 9, 1805, and pending in the county of Norfolk.
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This was an action of the case in assumpsit, commenced by a writ, dated April 9, 1805, and pending in the county of Norfolk. The plaintiff declares upon a promise, made by the defendant, on the first day of September, 1805, to carry a certain stone post for the plaintiff from Bass’s Corner to Black’s Wharf, within a reasonable time, and that the * defendant, although [*264] afterwards, on the first day of March, 1805, requested, never performed his promise, but so carelessly conducted himself in the premises, that by his negligence and default the said stone post had been broken and wholly…
1Opinion of the Court
The cause stood continued nisi, and now the opinion of the Court was delivered by
Parsons, C. J.
Had this objection been made on special demurrer, the declaration must have been quashed ; but the plaintiff insists that the fault, which was a mere slip of the pen, is cured by the verdict.
If we take the whole declaration together, it seems impossible that the defendant could doubt as to the specific nature of the complaint against him, or that the jury could have been misled. It is true that the promise is alleged to be made at a day to come; but the breach is alleged to be committed afterwards,…
2Cited by6 opinions
- Schmidt v. BarclayMichigan Supreme Court · 1910
- Carlisle v. DavisSupreme Court of Alabama · 1846
- Knowlton v. CulverWisconsin Supreme Court · 1849
- Rowell v. BruceSuperior Court of New Hampshire · 1831
- Blanchard v. PageMassachusetts Supreme Judicial Court · 1857
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