Donovan v. Walsh
Massachusetts Supreme Judicial Court
Contract, with a declaration in four counts. Writ dated April 18, 1918. In the first count the plaintiff alleged in substance that the defendant’s intestate, David Walsh, promised her that, if she and her husband and family would move from their home in Roxbury to his home in Cambridge and would keep house for, and make a home for him and his brother, Walter, during their lives, he would pay her the sum of $7 per week for the board of his brother and himself, and “would also…
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Contract, with a declaration in four counts. Writ dated April 18, 1918. In the first count the plaintiff alleged in substance that the defendant’s intestate, David Walsh, promised her that, if she and her husband and family would move from their home in Roxbury to his home in Cambridge and would keep house for, and make a home for him and his brother, Walter, during their lives, he would pay her the sum of $7 per week for the board of his brother and himself, and “would also convey to the plaintiff for a home for herself and family” his land and the house thereon in Cambridge; "that by reason…
1Opinion of the CourtBraley, J.
A verdict for the defendant having been ordered on the opening statement of the counsel for the plaintiff, the inquiry is, what are the facts which the jury would have been warranted in finding on the assumption that all the material statements or offers of proof were true. Hey v. Prime, 197 Mass. 474. Ward v. Blouin, 210 Mass. 140.
It appears that David Walsh, the defendant’s intestate and a bachelor, owned a parcel of land in Cambridge with a house occupied for many years as a home for himself and his unmarried *360brother Walter Walsh. The plaintiff, with whose family the intestate had been…
2Cases cited13 opinions
- Daley v. People's Building, Loan & Saving Ass'nMassachusetts Supreme Judicial Court · 1901
- Hey v. PrimeMassachusetts Supreme Judicial Court · 1908
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Massachusetts Mutual Life Insurance v. GreenMassachusetts Supreme Judicial Court · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
- Heil v. McCannMassachusetts Supreme Judicial Court · 1971
- Downey v. Union Trust Co.Massachusetts Supreme Judicial Court · 1942
- Dixon v. LamsonMassachusetts Supreme Judicial Court · 1922
- Energy Electric Co. v. General Electric Co.Massachusetts Supreme Judicial Court · 1928
17 more not listed; retrieve them via the Exa API.