First Massachusetts Turnpike Corp. v. Field
Massachusetts Supreme Judicial Court
The declaration was in assumpsit, and contained two counts. The first count states, that the defendants on the 4th day of May, 1798, contracted with the plaintiffs, to make and complete a turnpike road from the house of-Graves, in Palmer, to the house of Reuben Sikes, in Wilbraham, by the 15th day of September, 1798, in the manner specially stated in the count; and then alleges, that, although the defendants proceeded to make the road, they did not complete it * agreeably to…
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The declaration was in assumpsit, and contained two counts. The first count states, that the defendants on the 4th day of May, 1798, contracted with the plaintiffs, to make and complete a turnpike road from the house of-Graves, in Palmer, to the house of Reuben Sikes, in Wilbraham, by the 15th day of September, 1798, in the manner specially stated in the count; and then alleges, that, although the defendants proceeded to make the road, they did not complete it * agreeably to their contract. [ * 202 ] The second count is indebitatus assumpsit for money had and received. The defendants plead…
1Opinion of the Court
Parker, J.,
said that, not having been present when the cause was argued, he had some hesitation about giving an opinion, but that, having read the papers in tire case with attention, and conferred with his brethren, and having seen the opinion which the chief justice was now about to deliver, he concurred entirely in that opinion. His honor added, that he thought the case of Bree vs. Holbech strongly in point, and that the reasoning of Lord Mansfield applied very closely to this cause.
Sedgwick, J.,
said that, since the argument in this case, he had paid attention to it, and had prepared…
2Cited by65 opinions
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- Bates v. PrebleSupreme Court of the United States · 1894
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
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