Regan v. Dickinson
Massachusetts Supreme Judicial Court
Contract for work performed by the plaintiff in lathing a house of the defendant at a stipulated price by the day. At the trial in the superior court, before Dewey, J., the plaintiff introduced evidence tending to prove that he was employed by the defendant to do the work for him by the day.
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Contract for work performed by the plaintiff in lathing a house of the defendant at a stipulated price by the day. At the trial in the superior court, before Dewey, J., the plaintiff introduced evidence tending to prove that he was employed by the defendant to do the work for him by the day. The defendant introduced evidence tending to show that he did not employ the plaintiff to do the work, but that the plaintiff was sent to the house to do it by Alpheus Hawks, a builder, under an oral contract which Hawks had made with him previously, to do all Hawks’s lathing for the season, at a…
1Opinion of the CourtGray, J.
The evidence introduced by the defendant tended to show that the plaintiff did not go to work on the defendant’s house under a contract with him, but under a contract with a builder, the terms of which were that the plaintiff should do all that builder’s work of the same kind for the season. In order to maintain that defence, it was necessary to prove that the work on the defendant’s house was part of the work which the builder was authorized to do. Evidence that the builder had a previous contract with the defendant to do all such work on his house was therefore competent to prove such…
2Cited by2 opinions
- Fredin v. RichardsSupreme Court of Minnesota · 1896
- Robbins v. BlodgettMassachusetts Supreme Judicial Court · 1877