Wetherell v. Hollister
Supreme Court of Connecticut
Action to recover for work done and materials furnished, brought to the Court of Common Pleas in Hartford County where the plaintiffs’ demurrer to the first defense was sustained and the cause was afterwards tried to the jury before Case, J.; verdict and judgment for the plaintiffs for $238 damages, and appeal by the defendant for alleged errors in the rulings and charge of the court.
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Action to recover for work done and materials furnished, brought to the Court of Common Pleas in Hartford County where the plaintiffs’ demurrer to the first defense was sustained and the cause was afterwards tried to the jury before Case, J.; verdict and judgment for the plaintiffs for $238 damages, and appeal by the defendant for alleged errors in the rulings and charge of the court. The complaint in this action was the common counts, with a bill of particulars as follows: “Wesley Hollister, “ To Arthur J. Wetherell & Son, Dr. “ To work done and materials furnished in building roofs for…
1Opinion of the CourtAndrews, C. J.
In 1889 the legislature enacted that “ no person who secures a valuable consideration for a contract, express or implied, made on Sunday, shall defend any action upon such contract on the ground that it was so made, until he restores such consideration.” Public Acts of 1889, Chap. 130.
The complaint alleged that the plaintiffs had furnished materials and rendered services to the defendant of the .agreed value of $223. The first defense admits—if not directly, by not denying it—that this allegation was true. It appears, then, that the defendant has received a benefit to the amount and value of…
2Cases cited3 opinions
- Cunningham, Admx. v. Fair Haven Westville R. Co.Supreme Court of Connecticut · 1899
- Park Bros. v. Blodgett & Clapp Co.Supreme Court of Connecticut · 1894
- Berry v. ClarySupreme Judicial Court of Maine · 1885
3Cited by15 opinions
- State v. CourchesneSupreme Court of Connecticut · 2003
- Bridgeman v. City of DerbySupreme Court of Connecticut · 1926
- Nikitiuk v. PishteySupreme Court of Connecticut · 1966
- National Fireproofing Co. v. Town of HuntingtonSupreme Court of Connecticut · 1909
- State Ex Rel. City of Stamford v. Board of Purchase & SuppliesSupreme Court of Connecticut · 1930
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