Riley v. Williams
Massachusetts Supreme Judicial Court
Contract, against W. A. Williams and Susan E. Williams, his wife, on an account annexed for work and labor. Answer: 1. A general denial. 2. That the plaintiff did the work under a special contract, by the terms of which he was to take in payment blacksmithing work to a certain amount, and the balance in a building lot to be selected by the plaintiff near a certain street, the lot to be conveyed to the plaintiff by the defendants, in July, 1875. At the trial in the Superior…
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Contract, against W. A. Williams and Susan E. Williams, his wife, on an account annexed for work and labor. Answer: 1. A general denial. 2. That the plaintiff did the work under a special contract, by the terms of which he was to take in payment blacksmithing work to a certain amount, and the balance in a building lot to be selected by the plaintiff near a certain street, the lot to be conveyed to the plaintiff by the defendants, in July, 1875. At the trial in the Superior Court, before Rockwell, J., the plaintiff put in evidence a report of an auditor in his favor, and rested his case. The…
1Opinion of the CourtAmes, J.
It has been settled by numerous decisions that an action will lie to recover back money paid, or for services rendered, by one party to an agreement which is invalid by the statute of frauds, and which the other party refuses to perform Kidder v. Hunt, 1 Pick. 328, 331. Gillet v. Maynard, 5 Johns 85. Gray v. Hill, Ry. & Mood. 420. King v. Brown, 2 Hill, 485. Basford v. Pearson, 9 Allen, 387. Williams v. Bemis, 108 Mass. 91. Parker v. Tainter, ante, 185.
But the plaintiff does not bring his case within this rule Under the instructions given, the jury must have found that, although the services…
2Cases cited2 opinions
- Wetherbee v. PotterMassachusetts Supreme Judicial Court · 1868
- Williams v. BemisMassachusetts Supreme Judicial Court · 1871
3Cited by12 opinions
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Kelley v. ThompsonMassachusetts Supreme Judicial Court · 1902
- Greene v. Boston Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1926
- Perkins v. AllnutMontana Supreme Court · 1913
- Schechinger v. GaultSupreme Court of Oklahoma · 1913
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