Goodspeed v. Fuller
Supreme Judicial Court of Maine
Reported by Rice, J., November Term, 1851. This was an action of Assumpsit. The writ contained the money counts, and also a special count upon an alleged agreement of the defendant, in consideration that the plaintiff would permit him to assume the defence of a suit pending against him, the plaintiff, in which the defendant was collaterally interested, he would indemnify the plaintiff, and pay all the costs recovered against him.
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Reported by Rice, J., November Term, 1851. This was an action of Assumpsit. The writ contained the money counts, and also a special count upon an alleged agreement of the defendant, in consideration that the plaintiff would permit him to assume the defence of a suit pending against him, the plaintiff, in which the defendant was collaterally interested, he would indemnify the plaintiff, and pay all the costs recovered against him. The plaintiff proved the facts alleged in this count. It appeared that the suit referred to was finally decided against the plaintiff, and that he paid the amount of…
1Opinion of the Court
The opinion of the Court was delivered by
Appleton, J.
It appears from the evidence, that the defendant verbally contracted with the plaintiff, to sell and convey to him several tracts of land, among which was the west half of the Plummer lot, so called; — that subsequently, at the instance of the defendant, he assigning as a reason, that he might be a witness in case any controversy should arise as to the title, it was agreed between the parties, that the conveyance of the west half of the Plummer lot should be *144made by one Robert Elliot; — that, accordingly, the defendant procured the deed of…
2Cases cited7 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Bowen v. BellNew York Supreme Court · 1823
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Blackwell v. FostersCourt of Appeals of Kentucky · 1858
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3Cited by21 opinions
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
- Bolles v. SachsSupreme Court of Minnesota · 1887
- Coldwell Co. v. CowartSupreme Court of Georgia · 1912
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Baughman v. HoffmanWest Virginia Supreme Court · 1922
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