Hayward v. Leonard
Massachusetts Supreme Judicial Court
This was an action of assumpsit. The first count was on a conditional promissory note, to be void if the plaintiff failed to perform an agreement of the same date with the note, by which the plaintiff, for the sum named in the note, contracted to erect for the defendant on his land, by a certain day, a house of a certain size, and to be built in a specified manner; this count averred that the house was built pursuant to the contract.
Read the full summary
This was an action of assumpsit. The first count was on a conditional promissory note, to be void if the plaintiff failed to perform an agreement of the same date with the note, by which the plaintiff, for the sum named in the note, contracted to erect for the defendant on his land, by a certain day, a house of a certain size, and to be built in a specified manner; this count averred that the house was built pursuant to the contract. Another count was for work done and materials found, and upon a quantum meruit for building a house on the defendant’s land at his request. The declaration also…
1Opinion of the Court
The opinion of the Court was afterward drawn up by
Parker C. J.
In this case there is a great array of authorities on both sides, from which it appears very clearly that different judges and different courts have held different doctrines, and sometimes the same court at different times. The point in controversy seems to be this ; whether when a party has entered into a special contract to perform work for another, and to furnish materials, and the work is done and the materials furnished, but not in the manner stipulated for in the contract, so that he cannot recover the price agreed by an…
2Cases cited5 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Faxon v. MansfieldMassachusetts Supreme Judicial Court · 1806
- Taft v. Inhabitants of MontagueMassachusetts Supreme Judicial Court · 1817
- Hollinsead v. MactierNew York Supreme Court · 1835
- Ligget v. SmithSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- G4S Technology LLC v. Massachusetts Technology Park Corp.Massachusetts Supreme Judicial Court · 2018