Kenerson v. Colgar
Massachusetts Supreme Judicial Court
Contract, for the value of the materials and labor employed, in taking down certain stables and sheds, and in erecting the same. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, upon agreed facts, in substance as follows.
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Contract, for the value of the materials and labor employed, in taking down certain stables and sheds, and in erecting the same. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, upon agreed facts, in substance as follows. The plaintiff, who had married a daughter of the defendant, was in the year 1889 engaged in the business of teaming, his place of business being Chambers Street, Boston, and was residing in East Cambridge ; he used in his business from twelve to fifteen horses; in the month of June, 1890, the defendant was very…
1Opinion of the CourtHolmes, J.
According to the agreed statement of facts, the consideration of the defendant’s promise to “ make papers giving the property to Mary, the wife of the plaintiff, after her death,” was that the plaintiff “ would move from his residence in East Cambridge to her [defendant’s] house in Allston, and take care of her.” Moving his buildings was no part of the consideration, and therefore, conversely, the defendant’s promise was not the consideration or conventional inducement for moving the buildings, and a repudiation of the express promise does not let in a recovery for the buildings on a quantum…
2Cases cited3 opinions
- West v. PlattMassachusetts Supreme Judicial Court · 1878
- Bacon v. ParkerMassachusetts Supreme Judicial Court · 1884
- Dean v. SkiffMassachusetts Supreme Judicial Court · 1880
3Cited by5 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1916
- Pead v. TrullMassachusetts Supreme Judicial Court · 1899
- Paper Trucking Co. v. RussoMassachusetts Supreme Judicial Court · 1932
- City of Boston v. BrooksMassachusetts Supreme Judicial Court · 1905