Bugbee v. Kendricken
Massachusetts Supreme Judicial Court
Contract. The first count was upon an account annexed for $318.26. The second count alleged a promise of the defendant to pay for building materials delivered to the firm of Tully Brothers & W-alker.
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Contract. The first count was upon an account annexed for $318.26. The second count alleged a promise of the defendant to pay for building materials delivered to the firm of Tully Brothers & W-alker. The plaintiffs also filed an amended declaration, as a substitute for the second count, alleging that the defendant, in consideration that the plaintiffs would deliver a quantity of building materials to Tully Brothers '& Walker, promised to accept an order for the payment of said materials drawn by said firm of Tully Brothers & Walker upon the defendant, and to pay the same to the plaintiffs;…
1Opinion of the CourtField, J.
The first ruling requested by the defendant was rightly refused, because the count in the declaration to which it related was withdrawn from the jury and the case submitted to them only on the first count.
The last clause of the second ruling requested was also rightly refused, for the reason given in the exceptions.
*354The first instruction which the defendant requested should be given to the jury was rightly refused, because it assumed that the plaintiff could not recover if the goods were not charged to the defendant on the plaintiffs’ book. Walker v. Hill, 119 Mass. 249.
The second request for…
2Cases cited2 opinions
- Green v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1880
- Walker v. HillMassachusetts Supreme Judicial Court · 1876
3Cited by4 opinions
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- Dahill v. BookerMassachusetts Supreme Judicial Court · 1885
- Alexander v. DoveMassachusetts Supreme Judicial Court · 1918
- Parker v. City of SpringfieldMassachusetts Supreme Judicial Court · 1888