Legal Opinion

Earle v. Coburn

Massachusetts Supreme Judicial Court

Decided April 9, 1881PublishedCited by 24 opinions

Contract upon an account annexed for the board and stabling of the defendant’s horse, from April 14,1877, to January 17, 1878. Answer, a general denial.

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Contract upon an account annexed for the board and stabling of the defendant’s horse, from April 14,1877, to January 17, 1878. Answer, a general denial. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court, in substance as follows: It was in evidence that, prior to April 14, 1877, the plaintiff had exchanged the horse in question with the defendant for a wagon; that a controversy arose between them as to the character of the transaction, and its effect upon the title of each in the property exchanged; that the defendant returned the horse to…

1Opinion of the CourtLord, J.

This case cannot be distinguished in principle from Whiting v. Sullivan, 7 Mass. 107. In that case it was said, “ As *598the law will not imply a promise, where there was an express promise, so the law will not imply a promise of any person against his own express declaration; because such declaration is repugnant to any implication of a promise.” As applicable to that case and to the case at bar, this language is entirely accurate. There may be cases where the law will imply a promise to pay by a party who protests he will not pay; but those are cases in which the law creates a duty to perform…

2Cases cited2 opinions

  1. Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
  2. Whiting v. SullivanMassachusetts Supreme Judicial Court · 1810

3Cited by24 opinions

  1. Miller v. . SchlossNew York Court of Appeals · 1916
  2. Cooper v. CooperMassachusetts Supreme Judicial Court · 1888
  3. Train v. Boston Disinfecting Co.Massachusetts Supreme Judicial Court · 1887
  4. Vantage Point, Inc. v. Parker Bros., Inc.District Court, E.D. New York · 1981
  5. Williams v. SederMassachusetts Supreme Judicial Court · 1940

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