Legal Opinion

Reid v. Miller

Massachusetts Supreme Judicial Court

Decided February 23, 1910PublishedCited by 19 opinions

Contract. Writ in the Municipal Court of the City of Boston dated February 27,1907. On appeal to the Superior Court, the case was tried before Pierce, J. The original declaration was in two counts. The first count alleged that the defendants owed the plaintiff $90 for sixty perch of “stone sold and delivered by the plaintiff to the defendants.”

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Contract. Writ in the Municipal Court of the City of Boston dated February 27,1907. On appeal to the Superior Court, the case was tried before Pierce, J. The original declaration was in two counts. The first count alleged that the defendants owed the plaintiff $90 for sixty perch of “stone sold and delivered by the plaintiff to the defendants.” The second count alleged “ that one Flaherty was doing certain work for the defendants on land owned and controlled by them, and as their agent, by their authority and in their name ordered from the plaintiff sixty perch of stone to be delivered on…

1Opinion of the CourtKnowlton, C. J.

In this action a husband and wife were sued jointly to recover the price of stone used in the construction of a house on land of the female defendant. At the close of the evidence the judge was asked to rule that there could be no recovery against this defendant. This ruling was refused, and the verdict was against her alone. The evidence showed that the husband made a contract or contracts under which the stone were furnished, and it was not disputed that the stone were used in the construction of the cellar wall of the house. This defendant knew that the house was being erected, and knew in…

2Cases cited10 opinions

  1. Fry's v. Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1859
  2. Arnold v. SpurrMassachusetts Supreme Judicial Court · 1881
  3. Dyer v. SwiftMassachusetts Supreme Judicial Court · 1891
  4. Taft v. ChurchMassachusetts Supreme Judicial Court · 1895
  5. Savage v. Marlborough Street Railway Co.Massachusetts Supreme Judicial Court · 1904

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3Cited by19 opinions

  1. Gordon v. O'BrienMassachusetts Supreme Judicial Court · 1947
  2. Williams v. Pittsfield Lime & Stone Co.Massachusetts Supreme Judicial Court · 1927
  3. O'Connell v. CaseyMassachusetts Supreme Judicial Court · 1910
  4. Albiani v. Evening Traveler Co.Massachusetts Supreme Judicial Court · 1914
  5. Harvey v. SquireMassachusetts Supreme Judicial Court · 1914

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