Eden v. Chaffee
Massachusetts Supreme Judicial Court
Contract, to recover a balance alleged to be due the plaintiff, according to an account annexed, and in pursuance of an oral promise of payment by the defendant, for labor performed and materials furnished in constructing a cellar for the defendant. The answer, among other defences, set up the statute of frauds. Trial in the Superior Court, without a jury, before Hopkins, J., who allowed a bill of exceptions, in substance as follows.
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Contract, to recover a balance alleged to be due the plaintiff, according to an account annexed, and in pursuance of an oral promise of payment by the defendant, for labor performed and materials furnished in constructing a cellar for the defendant. The answer, among other defences, set up the statute of frauds. Trial in the Superior Court, without a jury, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. It appeared in evidence that the defendant made a written contract with one George L. Titus, under which Titus was to construct a cellar and dwelling-house on…
1Opinion of the CourtKnowlton, J.
There was evidence to warrant a finding by the justice who heard the case that the plaintiff, in consideration *227of the promise of the defendant to pay him, gave up his claim against Titus, for whom he had dug and built a. cellar on the defendant’s land, and that Titus at the same time and as a part of the same transaction surrendered his contract, and gave up his claim against the defendant. Here, then, was a promise on the part of the defendant, for a good consideration, to pay to the plaintiff the defendant’s own debt created by the transaction, and not the debt of another; for the debt of…
2Cases cited1 opinion
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
3Cited by3 opinions
- Griffin v. CunninghamMassachusetts Supreme Judicial Court · 1903
- Curran v. O'DonnellMassachusetts Supreme Judicial Court · 1920
- Milby v. MowryAppellate Court of Illinois · 1906