Miles v. Driscoll
Massachusetts Supreme Judicial Court
Contract. Writ dated February 18,1908. The declaration, as twice amended, alleged that in the summer of 1907 the defendant made a contract with one Crockwell by which Crockwell agreed to build a house for the defendant, and that Crockwell made a contract with the plaintiffs to supply him with inside finish and flooring for the house at a contract price of $480 as agreed upon; that on or about the twelfth day of November the defendant, being informed that the plaintiffs…
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Contract. Writ dated February 18,1908. The declaration, as twice amended, alleged that in the summer of 1907 the defendant made a contract with one Crockwell by which Crockwell agreed to build a house for the defendant, and that Crockwell made a contract with the plaintiffs to supply him with inside finish and flooring for the house at a contract price of $480 as agreed upon; that on or about the twelfth day of November the defendant, being informed that the plaintiffs desired greater security for their account than the credit of Crockwell, and being desirous that the plaintiffs should make…
1Opinion of the CourtHammond, J.
The declaration sets out that the plaintiffs “ desired greater security for their account than the credit of ” Crockwell, with whom they had made a contract to supply the inside finish and flooring for the defendant’s house. They were still to hold Crockwell. There was no novation, as in cases like Griffin v. Cunningham, 183 Mass. 505. The real contract, therefore, set out in the declaration was an oral contract to pay the debt of another, and was within the statute of frauds. O' Connell v. Mount Holyoke College, 174 Mass. 511, and cases cited.
Judgment affirmed.
2Cases cited2 opinions
- Griffin v. CunninghamMassachusetts Supreme Judicial Court · 1903
- O'Connell v. Mount Holyoke CollegeMassachusetts Supreme Judicial Court · 1899
3Cited by3 opinions
- Ribock v. CannerMassachusetts Supreme Judicial Court · 1914
- Pope & Cottle Co. v. WheelwrightMassachusetts Supreme Judicial Court · 1921
- Werner Construction Co. v. Dorchester Savings BankMassachusetts District Court, Appellate Division · 1970