Loring v. Bacon
Massachusetts Supreme Judicial Court
Assumpsit for labor and materials employed in repairing the defendant’s house, and for money laid out and expended. The cause was submitted to the opinion of the Court, without argument, upon an agreed statement of facts, the material parts of which are recited m the following opinion of the Court as delivered by
1Opinion of the CourtParsons, C. J.
The plaintiff declares in case upon several promises. The first count is indebitatus assumpsit in the sum of eighty dollars, according to the account annexed to the writ, the items of which are for timber, boards, shingles, nails, and labor, and victual-ling the workmen. The second count is a quantum meruit for the same items, technically supposed to be different, but similar. The *505third count is a general indebitatus assumpsit for eighty dollars laid out and expended.
The facts being agreed by the parties, the question of law comes before the Court on a case stated. From this case, it appears…
2Cited by27 opinions
- Lowell v. StrahanMassachusetts Supreme Judicial Court · 1887
- McMillan v. SolomonSupreme Court of Alabama · 1868
- Cosgriff v. . FossNew York Court of Appeals · 1897
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
- Mumford v. BrownNew York Supreme Court · 1826
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