Legal Opinion

Sayles v. Quinn

Massachusetts Supreme Judicial Court

Decided November 26, 1907PublishedCited by 31 opinions

Contract to recover for services and disbursements in the care, board and training of two horses of the defendant. Writ in the Superior Court for the county of Worcester dated January 1,1903. At the trial, which was before Wait, J., the defendant excepted to certain rulings of the presiding judge, as set out, together with all the material facts, in the opinion. The case was submitted on briefs.

1Opinion of the CourtRugg, J.

This is an action of contract on an account annexed to recover for services and disbursements in the care, board and training of two of the defendant’s horses under a verbal agreement. The answér was a general denial and payment.

1. Upon these pleadings the defendant offered evidence tending to prove unskilfulness on.the part of the plaintiff in training one of the horses and claimed the right to show his damages resulting therefrom. Exception was taken to the ruling that this could not be shown under a general denial. The defendant thereupon amended his answer, and pleaded in recoupment, and…

2Cases cited4 opinions

  1. Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
  2. Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
  3. Hodgkins v. MoultonMassachusetts Supreme Judicial Court · 1868
  4. Noble v. FagnantMassachusetts Supreme Judicial Court · 1894

3Cited by31 opinions

  1. Commonwealth v. RichmondMassachusetts Supreme Judicial Court · 1911
  2. Commonwealth v. Peoples Express Co.Massachusetts Supreme Judicial Court · 1909
  3. Plummer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
  4. James B. Rendle Co. v. Conley & Daggett, Inc.Massachusetts Supreme Judicial Court · 1943
  5. Wylie v. MarinofskyMassachusetts Supreme Judicial Court · 1909

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