St. Johns v. Charles
Massachusetts Supreme Judicial Court
Contract brought in the name of St. Johns for the benefit of Asa D. Taft. At the trial in the superior court, before Devens, J., there was evidence tending to show that the nominal plaintiff made a contract with the defendant to cut the brush on his lot of land for $100 in money and all the loose wood on the lot; that after the nominal plaintiff had begun the job, but before it was accepted by the defendant, he for a valuable consideration signed and gave to Taft an order on…
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Contract brought in the name of St. Johns for the benefit of Asa D. Taft. At the trial in the superior court, before Devens, J., there was evidence tending to show that the nominal plaintiff made a contract with the defendant to cut the brush on his lot of land for $100 in money and all the loose wood on the lot; that after the nominal plaintiff had begun the job, but before it was accepted by the defendant, he for a valuable consideration signed and gave to Taft an order on the defendant as follows: “ December 1, 1867. Please pay Asa D. Taft, on order, all the money that belongs to me for…
1Opinion of the CourtColt, J.
The contract to cut brush was entire, and nothing was due thereon until its completion. The order was therefore prospective, because, when given, the work had not been finished. It is incapable of any other construction, without defeating its purpose. And as repeatedly held, its effect was to assign to Taft all the money that should be earned under the existing contract. Lannan v. Smith, 7 Gray, 150. Macomber v. Doane, 2 Allen, 541. The rights of Taft under this assignment, after notice, could not be defeated by a payment and discharge from the assignor. Exceptions overruled.
2Cited by9 opinions
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- DeSantis v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1935
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