Snowling v. Plummer Granite Co.
Massachusetts Supreme Judicial Court
Contract on an account annexed, containing several items of credit to the defendants, and in the twenty-sixth item crediting them with $148.65 cash paid to the plaintiff. The answer admitted the correctness of these items. The case was referred to an auditor, who found, as to the twenty-sixth item, that only $120.75 had been paid by the defendants to the plaintiff, and that on the whole account the sum of $44.17 was due to the plaintiff.
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Contract on an account annexed, containing several items of credit to the defendants, and in the twenty-sixth item crediting them with $148.65 cash paid to the plaintiff. The answer admitted the correctness of these items. The case was referred to an auditor, who found, as to the twenty-sixth item, that only $120.75 had been paid by the defendants to the plaintiff, and that on the whole account the sum of $44.17 was due to the plaintiff. At the trial in the superior court, before Brigham, C. J., the plaintiff rested his case on the auditor’s report. The defendants offered no evidence; but…
1Opinion of the CourtGbay, J.
The practice act requires that, in an action of contract upon either of the common counts, a bill of particulars should be filed by the plaintiff, with the items numbered consecutively, and be deemed part of the record, and answered as such, and that the defendant should answer each item specifically. Gen. Sts. a. 129, §§ 10,18. By the same statute, the declaration and answer in every case, though not evidence for either party, are to be deemed allegations by which the party making them is bound. § 72.
This is an action upon an account annexed, which under our practice is one of the common…
2Cited by17 opinions
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Meunier's CaseMassachusetts Supreme Judicial Court · 1946
- Fisher v. DoeMassachusetts Supreme Judicial Court · 1910
- Bancroft v. CookMassachusetts Supreme Judicial Court · 1928
- Adiletto v. Brockton Cut Sole Corp.Massachusetts Supreme Judicial Court · 1947
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