Tebbetts v. Haskins
Supreme Judicial Court of Maine
ExceptioNS from the Court of Common Pleas, Perham J. presiding. The action was for labor done in building a house, and materials furnished therefor. There were three defendants, R. R. and Romulus Haskins, and Jotliam Parsons. The declaration originally was on an account annexed to the writ, and after the trial had commenced, the plaintiff, by leave of Court, the defendants objecting thereto, amended his writ by adding a quantum meruit for the same items.
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ExceptioNS from the Court of Common Pleas, Perham J. presiding. The action was for labor done in building a house, and materials furnished therefor. There were three defendants, R. R. and Romulus Haskins, and Jotliam Parsons. The declaration originally was on an account annexed to the writ, and after the trial had commenced, the plaintiff, by leave of Court, the defendants objecting thereto, amended his writ by adding a quantum meruit for the same items. The defence set up was, that the work was done by the plaintiff for Parsons alone, under a written agreement, and that the Haskins were not…
1Opinion of the Court
The opinion of the Court was drawn up by
Emery J.
The first inquiry is, whether among a variety of other evidence introduced, evidence of certain master builders, who had examined the house, and made an estimate of the expenses as to the probable expense of erecting the house, as erected by the plaintiff, was legally admissible. The action is assumpsit on account annexed for work and labor done, and materials furnished, and a quantum meruit.
The usual way in which proof is made upon accounts for moneys paid to the amount of six dollars and sixty-six cents, for services rendered, goods, wares,…
2Cases cited2 opinions
- Dickinson v. BarberMassachusetts Supreme Judicial Court · 1812
- Keyes v. StoneMassachusetts Supreme Judicial Court · 1809
3Cited by5 opinions
- Bissell v. WertIndiana Supreme Court · 1871
- Evans v. Cincinnati, Selma & Mobile Railway Co.Supreme Court of Alabama · 1884
- Kempf v. RangerSupreme Court of Minnesota · 1916
- Mahan v. SpringerWashington Supreme Court · 1930
- Wheeden v. FiskeSupreme Court of New Hampshire · 1870