O'Brien v. Shea
Massachusetts Supreme Judicial Court
Contract to recover $100 for the rent of a cottage and $50 for the rent of a stable upon property in the town of Sharon standing in the name of the plaintiff, subject to a mortgage, and occupied by the defendant during the summer season of 1904. Writ in the Municipal Court of the City of Boston dated October 17, 1908. The declaration contained three counts, the first alleging that the defendant owed the plaintiff $150 for the use and occupation of a certain cottage and…
Read the full summary
Contract to recover $100 for the rent of a cottage and $50 for the rent of a stable upon property in the town of Sharon standing in the name of the plaintiff, subject to a mortgage, and occupied by the defendant during the summer season of 1904. Writ in the Municipal Court of the City of Boston dated October 17, 1908. The declaration contained three counts, the first alleging that the defendant owed the plaintiff $150 for the use and occupation of a certain cottage and stable hired from the plaintiff by the defendant, the second on an account annexed for the same amount, and alleged to be for…
1Opinion of the CourtSheldon, J.
There was no error in the judge’s refusal to rule absolutely that the plaintiff was not entitled to recover. The defendant’s argument as to this rests entirely upon his contention that according to the uncontradicted evidence the contract of hire between the parties was made on Sunday and so could not support an action. R. L. c. 98, § 2. St. 1904, c. 460, § 2. Day v. McAllister, 15 Gray, 433. Stewart v. Thayer, 168 Mass. 519. Horn v. Dorchester Mutual Fire Ins. Co. 199 Mass. 534. But, even if this position were open to him, the instruction requested could not have been given; for although the…
2Cases cited49 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Hazelton v. SheckellsSupreme Court of the United States · 1906
- Thomas v. City of RichmondSupreme Court of the United States · 1871
- Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
- Richardson v. BuhlMichigan Supreme Court · 1889
44 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Peters v. WallachMassachusetts Supreme Judicial Court · 1975
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Silver v. GravesMassachusetts Supreme Judicial Court · 1911
- Noble v. Mead-Morrison Manufacturing Co.Massachusetts Supreme Judicial Court · 1921
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
42 more not listed; retrieve them via the Exa API.