Gill v. Herrick
Massachusetts Supreme Judicial Court
CONTRACT by Robinson Gill and Charles L. Peacock against Charles P. Herrick and Silas W. Merrill. The first count alleged that the defendants owed the plaintiffs on an account annexed, “ the same being for materials furnished and labor performed for the defendant Herrick, and the payment of said sum having been guaranteed to the plaintiffs by the defendant Merrill before the furnishing of the materials or labor.”
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CONTRACT by Robinson Gill and Charles L. Peacock against Charles P. Herrick and Silas W. Merrill. The first count alleged that the defendants owed the plaintiffs on an account annexed, “ the same being for materials furnished and labor performed for the defendant Herrick, and the payment of said sum having been guaranteed to the plaintiffs by the defendant Merrill before the furnishing of the materials or labor.” The account annexed was for materials and labor on a block of houses. The second count alleged that the defendant Herrick made an agreement with the plaintiffs to furnish him…
1Opinion of the Court
Chapman, O. J.
This is an action against Herrick and Morrill. The declaration alleges that it is for materials furnished and labor performed for the defendant Herrick, (according to the account annexed,) “ and the payment of said sum having been guaranteed to the plaintiffs by the defendant Merrill before the furnishing of the materials or labor.” A second count alleges that the guaranty was at a later period. The defendant Merrill sets up the statute of frauds.
It appears by the report that the contract was originally made between the plaintiffs and Herrick. The work was to be done in the…
2Cases cited2 opinions
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
- Brightman v. HicksMassachusetts Supreme Judicial Court · 1871
3Cited by11 opinions
- Bevilacqua v. RodriguezMassachusetts Supreme Judicial Court · 2011
- Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
- Kalker v. BailenMassachusetts Supreme Judicial Court · 1935
- M. J. Pirolli & Sons, Inc. v. Mass. Equipment & Supply Corp.Massachusetts Appeals Court · 1980
- Central Ceilings, Inc. v. National Amusements, Inc.Massachusetts Appeals Court · 2007
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