DeMontague v. Bacharach
Massachusetts Supreme Judicial Court
.Contract upon an account annexed of forty-seven items, twenty-five for ten per cent of the gross receipts of a restaurant amounting to $430.43, ten for money paid for gas bills amounting to $218.76, nine for electric light bills amounting to $89.03, one for money paid as salary of a porter amounting to $128, one for extra help employed for the benefit of the defendants amounting to $287, and one for labor performed and furnished by the plaintiff as superintendent at the…
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.Contract upon an account annexed of forty-seven items, twenty-five for ten per cent of the gross receipts of a restaurant amounting to $430.43, ten for money paid for gas bills amounting to $218.76, nine for electric light bills amounting to $89.03, one for money paid as salary of a porter amounting to $128, one for extra help employed for the benefit of the defendants amounting to $287, and one for labor performed and furnished by the plaintiff as superintendent at the request of the defendants amounting to $375. Writ dated August 21, 1899. The answer consisted of a general denial and an…
1Opinion of the CourtLoring, J.
The defendants in this case were the lessees of a basement fitted up in part as a bar for the sale of liquor and in part as a restaurant. In pursuance of an oral agreement between the plaintiff and the defendants, the plaintiff ran the restaurant for his own account from August 1, 1898, to July 1, 1899. There was a direct conflict in the evidence of the two as *257to the terms of the oral agreement, and also as to whether the plaintiff left voluntarily or was put out by the defendants. Soon after he left, the plaintiff brought this action in which he seeks to recover from the defendants all the…
2Cases cited9 opinions
- White v. MaynardMassachusetts Supreme Judicial Court · 1872
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- Gassett v. GlazierMassachusetts Supreme Judicial Court · 1896
- Williams v. BemisMassachusetts Supreme Judicial Court · 1871
- White v. WielandMassachusetts Supreme Judicial Court · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jacksonville, Mayport, Pablo Railway & Navigation Co. v. HooperSupreme Court of the United States · 1896
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Jones v. DonnellyMassachusetts Supreme Judicial Court · 1915
- Willett v. PilotteMassachusetts Supreme Judicial Court · 1953
- Krinsky v. WhitneyMassachusetts Supreme Judicial Court · 1944
11 more not listed; retrieve them via the Exa API.