Bailey v. Marden
Massachusetts Supreme Judicial Court
Contract on an account annexed to recover compensation for hauling wood for the defendant in November, 1905. Writ dated December 22,1905. In the Superior Court the case was tried before Harris, J., without a jury. The substance of the case is stated in the opinion.
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Contract on an account annexed to recover compensation for hauling wood for the defendant in November, 1905. Writ dated December 22,1905. In the Superior Court the case was tried before Harris, J., without a jury. The substance of the case is stated in the opinion. The testimony of the defendant referred to in the opinion is stated in the bill of exceptions as follows: The defendant testified that the agreement between the plaintiff and himself was that the plaintiff should haul all the wood on the lot at one dollar per cord, the defendant to have the wood ready as soon as he could; and that…
1Opinion of the CourtRugg, J.
This is an action of contract to recover compensation for hauling wood for the defendant. The declaration is upon an account annexed. The plaintiff contended that the defendant made an oral contract, under which the plaintiff was to haul for the defendant some wood from the lot where it was *279cut to a coal yard, for which the defendant was to pay the plaintiff one dollar per cord. The plaintiff hauled all the wood which the defendant had cut and ready for him in September, 1905, and was paid for it. There being no more wood ready at the time he went to another job, returning to work upon the…
2Cases cited3 opinions
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Wylie v. CotterMassachusetts Supreme Judicial Court · 1898
3Cited by24 opinions
- Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
- Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
- Eaton v. EatonMassachusetts Supreme Judicial Court · 1919
- Samuel v. Page-Storms Drop Forge Co.Massachusetts Supreme Judicial Court · 1922
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
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