Wright v. Haskell
Supreme Judicial Court of Maine
Assumpsit on account annexed. Defendant duly filed an account in set-off. The case is presented on Exceptions taken by the defendant to instructions given by Appleton, J., the jury having rendered a verdict for the plaintiff.
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Assumpsit on account annexed. Defendant duly filed an account in set-off. The case is presented on Exceptions taken by the defendant to instructions given by Appleton, J., the jury having rendered a verdict for the plaintiff. It appears from the bill of exceptions that testimony was introduced tending to show that defendant, in the year 1848, contracted to sell to plaintiff a small dwellinghouse in Jefferson, to receive his pay in blacksmith work; that the defendant thereupon went into possession of the premises, and made alterations and improvements in the house and outbuildings; that these…
1Opinion of the Court
The opinion of the Court was drawn up by
Rice, J.
Assumpsit for iron work done for the defendant and for labor and materials and improvements upon the house and land of the defendant.
In view of the whole evidence in the case, the tendency of different portions of which only is reported, the counsel for the defendant requested the presiding Judge to instruct the jury “ that, under such circumstances, the plaintiff could not recover for the labor thus done in part payment of the premises, nor for his item for betterments and repairs on the building,” which requested instruction the Court gave,…
2Cases cited1 opinion
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
3Cited by8 opinions
- Valente v. WeinbergSupreme Court of Connecticut · 1907
- Cox v. McLaughlinCalifornia Supreme Court · 1878
- Geary v. BangsAppellate Court of Illinois · 1890
- Jenson v. LeeSupreme Court of Kansas · 1903
- Stoneking v. LongAppellate Court of Illinois · 1908
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