Nichols v. Bucknam
Massachusetts Supreme Judicial Court
Contract. The declaration contained three counts. The first and second counts were for money paid to prevent the enforcement of a mechanic’s lien for labor on a block of houses owned by the plaintiff, which money the defendant agreed to pay. The third count was for money had and received.
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Contract. The declaration contained three counts. The first and second counts were for money paid to prevent the enforcement of a mechanic’s lien for labor on a block of houses owned by the plaintiff, which money the defendant agreed to pay. The third count was for money had and received. The bill of particulars contained two items, the first being: “ To cash paid defendant on his promise to pay workman on plaintiff’s building in Somerville which defendant neglected to do, $200; ” and the second item was for interest. Trial in the Superior Court, without a jury, before Lord, J., who allowed a…
1Opinion of the CourtAmes, J.
It appears upon Qthis report that the plaintiff, in order to save his property from being sold on legal process, has been compelled to pay a debt which was really due from the defendant. Under such circumstances, the law implies a request on the defendant’s part, and a promise to repay; and the plaintiff has the same right of action as if he had paid the money at the defendant’s express request. Exall v. Partridge, 8 T. R. 308. 1 Smith Lead. Cas. (5th Am. ed.) 70 a, 73. Hale v. Huse, 10 Gray, 99.
But the costs incurred in defending against the claim stand on other grounds. The judge in the…
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