Durfee v. O'Brien

The record in this case shows that Philip H. Durfee, the plaintiff’s intestate, built a house for the defendant in 1874. An agreement, signed by said Durfee but not signed by the defendant, was put in evidence, from which it appeared that the price was to be $2,400; of which sum $500 was to be paid when the house was begun, $500 when it was finished, and the balance in five yearly payments, with interest, payable semi-annually. Payments having been made from time to time, as shown by receipts and an account entered by said Durfee in a book in the possession of the defendant, the cost of the…