Boston v. Dodge
Indiana Supreme Court
ERROR to the Clark Circuit Court. — This was an action ofassumpsit for work and labour. Plea, the general issue. The evidence at the trial was, that the plaintiff had made an improvement on a tract of land, the property of the United States, which land the defendant afterwards purchased of the government; that the plaintiff was in possession and claimed from the defendant a compensation for the improvement he had made; and that the defendant promised to pay him for the same…
Read the full summary
ERROR to the Clark Circuit Court. — This was an action ofassumpsit for work and labour. Plea, the general issue. The evidence at the trial was, that the plaintiff had made an improvement on a tract of land, the property of the United States, which land the defendant afterwards purchased of the government; that the plaintiff was in possession and claimed from the defendant a compensation for the improvement he had made; and that the defendant promised to pay him for the same the sum of 80 dollars, in consequence of which the plaintiff left the premises. To this evidence the defendant…
1Opinion of the CourtScott, J.
The case, as it is now before us, is suspended on the solution of this single question, was the promise of Dodge such an undertaking as would, agreeably to the rules of law, support an action of assumpsit? To answer this question correctly, it is necessary to enquire into the consideration for which the promise was made. The work .and labour done and performed on the land, is set out by the plaintiff as the consideration of this promise, and he alleges that in consequence of the improvement, the land was rendered more valuable, and therefore as the defendant enjoyed the benefit, he ought to…
2Cases cited1 opinion
- De Wolf v. JohnsonSupreme Court of the United States · 1825
3Cited by3 opinions
- Wiggins v. KeizerIndiana Supreme Court · 1855
- Givens v. BurgetIndiana Supreme Court · 1845
- Duncan v. AkersIndiana Court of Appeals · 1970