Owen v. Button
Massachusetts Supreme Judicial Court
Contract, with four counts, of which the first count was for $29.50 lent by the plaintiff to the defendant, and the other counts are described in the opinion. Writ dated December 1, 1908. In the Superior Court the case was tried before Crosby, J. The material facts shown by the evidence are stated in the opinion. At the close of the evidence the plaintiff waived the fourth count.
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Contract, with four counts, of which the first count was for $29.50 lent by the plaintiff to the defendant, and the other counts are described in the opinion. Writ dated December 1, 1908. In the Superior Court the case was tried before Crosby, J. The material facts shown by the evidence are stated in the opinion. At the close of the evidence the plaintiff waived the fourth count. The judge ruled that the plaintiff could not recover on the second count, and also ruled that on the third count, which was upon an account annexed, the plaintiff could not recover for certain items relating to the…
1Opinion of the CourtRugg, C. J.
This is an action of contract. The second count of the declaration is for the contract price for building a house. The salient facts are that by a written contract the plaintiff agreed to build a house and furnish all the labor therefor for the defendant, and the defendant agreed to provide all material and pay the plaintiff $600. .After the house was partly completed the plaintiff was obliged to suspend work on account of illness. During his sickness the defendant called on him, when, according to the plaintiff’s testimony, the defendant “ told me that he had a chance to sell this house, and…
2Cases cited8 opinions
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Bartlett v. DrakeMassachusetts Supreme Judicial Court · 1868
- O'Shea v. VaughnMassachusetts Supreme Judicial Court · 1909
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Levy v. BendetsonMassachusetts Appeals Court · 1978
- Tremont Trust Co. v. NoyesMassachusetts Supreme Judicial Court · 1923
- Bellefeuille v. MedeirosMassachusetts Supreme Judicial Court · 1957
- Butler Manufacturing Co. v. Elliott & CoxSupreme Court of Iowa · 1930
- Limoli v. AccettulloMassachusetts Supreme Judicial Court · 1970
5 more not listed; retrieve them via the Exa API.