Felton v. Dickinson
Massachusetts Supreme Judicial Court
The declaration in this case, besides several uncontested counts on promissory notes, contained an indebitatus assumpsit for two hundred dollars, in consideration of work and labor performed for the defendant by the plaintiff, and at his request, and a quantum meruit for the same work and labor.
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The declaration in this case, besides several uncontested counts on promissory notes, contained an indebitatus assumpsit for two hundred dollars, in consideration of work and labor performed for the defendant by the plaintiff, and at his request, and a quantum meruit for the same work and labor. The evidence in support of these counts, given at the trial of the cause upon the general issue before Parker, J., at * the last April term in this county, was, that the father of [ * 288 ] the plaintiff, when the latter was about fourteen years of age, placed him in the service of the defendant, upon…
1Per curiam
Two objections are made to the verdict in this case: first, that the special matter proved was not properly admitted to support a general indebitatus assumpsit; and, secondly, that the promise being made to the father, he was entitled to the action, and not the present plaintiff, the son.
The first objection merits some consideration. It is undoubtedly true, that, where there is a special agreement relative to the performance of work and labor, the declaration ought to state that agreement, in order that the defendant may be apprized of the contract he is charged with breaking, and may have…
2Cases cited6 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Shute v. DorrNew York Supreme Court · 1830
- Way v. WakefieldSupreme Court of Vermont · 1835
- Cranmer v. GrahamIndiana Supreme Court · 1825
- Shepard v. PalmerSupreme Court of Connecticut · 1826
1 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Choate, Hall & Stewart v. SCA Services, Inc.Massachusetts Supreme Judicial Court · 1979
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Jefferson v. AschSupreme Court of Minnesota · 1893
- Vail v. StrongSupreme Court of Vermont · 1838
- Crone v. StindeSupreme Court of Missouri · 1900
45 more not listed; retrieve them via the Exa API.