Dowling v. McKenney
Massachusetts Supreme Judicial Court
Contract. The declaration contained three counts. The first was to recover $200, on an account annexed, for “ furnishing materials for, and labor and work in making, a monument.”
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Contract. The declaration contained three counts. The first was to recover $200, on an account annexed, for “ furnishing materials for, and labor and work in making, a monument.” The second was as follows: “And the plaintiff says that he made an agreement with the defendant to furnish materials and construct for her a monument for the sum of two hundred dollars ; that he furnished materials and made said monument for the defendant, and tendered the same to the defendant; and that she owes him therefor the sum of two hundred dollars.” The third was on an account annexed, and contained the…
1Opinion of the CourtEndicott, J.
It appears from the report that the defendant orally agreed to convey to the plaintiff a lot of land valued at $400, and to take, in exchange or payment therefor, a monument, estimated to be of the value of $200, when completed, and the balance in money. After the monument was finished, the plaintiff tendered it to the defendant, together with the balance in money, according to the contract. The defendant refused to accept the monument or money, or to give the deed.
Whether this was a sale or an exchange of property is immaterial. Assuming that it was an exchange of the land for the monument,…
2Cases cited1 opinion
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
3Cited by21 opinions
- Hamilton v. ThirstonCourt of Appeals of Maryland · 1901
- Sprague v. HainesTexas Supreme Court · 1887
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Henrikson v. HenriksonWisconsin Supreme Court · 1910
- Bacon v. ParkerMassachusetts Supreme Judicial Court · 1884
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