Rickard v. Stanton
New York Supreme Court
Error from the Montgomery common pleas. Stanton sued Rickard in assumpsit, declaring for work, labor and services. The defendant pleaded the general issue.
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Error from the Montgomery common pleas. Stanton sued Rickard in assumpsit, declaring for work, labor and services. The defendant pleaded the general issue. The cause was heard by referees, who made a report in favor of the plaintiff for $371,78. Besides the general report, the referees made a special report of the evidence adduced before them; from which it appeared that a parol contract had been entered into between the parties, whereby it was agreed that the plaintiff should erect a saw-mill on a certain lot, represented by the defendant as belonging to him; the defendant to furnish timber…
1Opinion of the Court
By the Court, Cowen, J.
No objection to the declaration was made in the court below. It is raised here for the first time, and comes too late. I should think, however, it is the proper declaration for this case. The defendant below drew in the plaintiff below to perform labor, on a fraudulent representation that he had a title to the land upon which the mill was to be erected, and could communicate a right to the defendant below as a tenant in common. On discovering that the defendant had not title, the plaintiff below rescinds the contract, and sues in general indebitatus assumpsit. That he…
2Cases cited2 opinions
- Whipple v. DowMassachusetts Supreme Judicial Court · 1807
- Thayer v. RockNew York Supreme Court · 1834
3Cited by5 opinions
- Hanlon v. MacFadden Publications, Inc.New York Court of Appeals · 1951
- Boardman v. WardSupreme Court of Minnesota · 1889
- Brown v. ManningSupreme Court of Minnesota · 1859
- Dung v. ParkerNew York Court of Common Pleas · 1869
- Meyer Bank v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1952