Lavoie v. Dube
Massachusetts Supreme Judicial Court
Contract against a husband and wife jointly on an account annexed for $545 for board from September 1, 1913, to May 8, 1915, one hundred and nine weeks at $5 a week. Writ in the Third District Court of Bristol dated May 19, 1915. On appeal to the Superior Court the case was referred to an auditor, whose findings of fact were to be final. The auditor found for the plaintiff for the full amount claimed with interest from the date of the writ.
Read the full summary
Contract against a husband and wife jointly on an account annexed for $545 for board from September 1, 1913, to May 8, 1915, one hundred and nine weeks at $5 a week. Writ in the Third District Court of Bristol dated May 19, 1915. On appeal to the Superior Court the case was referred to an auditor, whose findings of fact were to be final. The auditor found for the plaintiff for the full amount claimed with interest from the date of the writ. Later the case was heard by Brown, J., upon the auditor’s report. The essential facts contained in that report are stated in the opinion. The defendants…
1Opinion of the CourtBraley, J.
It appears from the auditor’s report, whose findings of fact the parties agreed should be final, that the contract, whereby the defendants, who are husband and wife, in consideration that the plaintiff would care for and support them "during their lives, pay their doctor’s bills and funeral expenses,” agreed to pay a certain sum in money and to convey to him their farm which they owned as tenants in common, was a joint contract never reduced to writing. If the conveyance had been made, the defendants could have enforced the paroi agreement to support them. Lyman v. Lyman, 133 Mass. 414. But…
2Cases cited10 opinions
- American Stay Co. v. DelaneyMassachusetts Supreme Judicial Court · 1912
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Earnshaw v. WhittemoreMassachusetts Supreme Judicial Court · 1907
- Cunningham v. ReardonMassachusetts Supreme Judicial Court · 1868
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Edmund D. Hewins, Inc. v. Marlboro Cotton MillsMassachusetts Supreme Judicial Court · 1922
- Dailey v. DohertyMassachusetts Supreme Judicial Court · 1921
- Jernegan v. MarshallMassachusetts Supreme Judicial Court · 1935
- Pinner v. TempleMassachusetts Supreme Judicial Court · 1935
- A. B. Sutherland Co. v. HannaMassachusetts District Court, Appellate Division · 1954
3 more not listed; retrieve them via the Exa API.