Wheeler v. Wheeler
Massachusetts Supreme Judicial Court
Contbact. The first count of the declaration alleged that Sa 1857 the plaintiff “ entered into an agreement with the defendant and J. T. Wheeler, and M. L. Drake, by which the said several parties bound themselves each to the other as follows: That they would together use and occupy and live upon a certain estate in that part of Boston formerly called Dorchester, and would share and pay equally the expenses oí the- care of their said estate and the costs of living thereon,…
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Contbact. The first count of the declaration alleged that Sa 1857 the plaintiff “ entered into an agreement with the defendant and J. T. Wheeler, and M. L. Drake, by which the said several parties bound themselves each to the other as follows: That they would together use and occupy and live upon a certain estate in that part of Boston formerly called Dorchester, and would share and pay equally the expenses oí the- care of their said estate and the costs of living thereon, and the plaintiff shoiild keep all the accounts and make the payments and disbursements, and each of said parties should…
1Opinion of the CourtAmes, J.
Upon the case as presented by the plaintiff in his declaration, he is not confined, in seeking his remedy, to the equity jurisdiction of the court, but may properly resort to an action at law. The business which he undertook to do was a matter in which he and the other parties to the arrangement were jointly and equally interested. But his claim is that the contract which he made with those parties was several and not joint. His case, as he presents it, is that under that arrangement he went on for the period of about twelve years, advancing large sums of money in the payment of debts and…
2Cases cited3 opinions
- Brigham v. EvelethMassachusetts Supreme Judicial Court · 1813
- Converse v. FerreMassachusetts Supreme Judicial Court · 1814
- Stiles v. CampbellMassachusetts Supreme Judicial Court · 1814
3Cited by6 opinions
- Berwin v. CableMassachusetts Supreme Judicial Court · 1943
- Stewart v. StewartWisconsin Supreme Court · 1895
- Burleigh v. BevinNew York Supreme Court · 1897
- Beede v. Fraser & Co.Supreme Court of Vermont · 1894
- Woelfel v. ThompsonMassachusetts Supreme Judicial Court · 1899
1 more not listed; retrieve them via the Exa API.