Packard v. Reynolds
Massachusetts Supreme Judicial Court
Contract on an account annexed containing three items, the first for board of the defendant and his wife, the second for board of their child, and the third for half a cord of manure.
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Contract on an account annexed containing three items, the first for board of the defendant and his wife, the second for board of their child, and the third for half a cord of manure. At the tidal in the superior court, before Devens, J., the plaintiff offered in evidence the report of an auditor to whom the case had been referred, which was in the plaintiff’s favor on each item of the account, and the material part of which for the purposes of this report was as follows: “ The plaintiff claimed to be entitled to recover upon all the items of his account on an implied contract, and upon the…
1Opinion of the CourtChapman, C. J.
By the St. of 1865, c. 207, § 2, whenever the contract or cause of action in issue and on trial was made or transacted with the wife of any one of the parties in the absence of her husband, she may be a witness for either party although not joined in the suit. In this case, the cause of action in issue and on trial consisted of three separate items, set forth in a bill of particulars annexed to a count on an account annexed. There are three separate contracts, each item containing one; and though the cause of action is one in the declaration, yet on the trial there were three distinct causes…
2Cited by11 opinions
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- Briggs v. GilmanMassachusetts Supreme Judicial Court · 1879
- Allwright v. SkillingsMassachusetts Supreme Judicial Court · 1905
- Tripp v. MacomberMassachusetts Supreme Judicial Court · 1904
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