Merrick's v. Giddings
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OE THE DISTRICT OE COLUMBIA. This action was brought by Richard T. Merrick and Thomas J. Durant to recover damages sustained by them in consequence of the violation of an agreement alleged to have been made by the defendant in error, in reference to compensation due them for certain legal services rendered in behalf of the State of Texas.
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IN ERROR TO THE SUPREME COURT OE THE DISTRICT OE COLUMBIA. This action was brought by Richard T. Merrick and Thomas J. Durant to recover damages sustained by them in consequence of the violation of an agreement alleged to have been made by the defendant in error, in reference to compensation due them for certain legal services rendered in behalf of the State of Texas. The declaration contained a special count, and also a common count for money had and received to the use of the plaintiffs. The answer put in issue the existence of the alleged agreement, and every material fact averred in the…
1Opinion of the CourtJustice Harlan
After stating the facts in the language above reported, he continued:
The .instruction to find a verdict for the defendant must be tested by the same rules that apply in the case of a demurrer to evidence. Parks v. Boss, 11 How. 362, 373; Richardson v. City of Boston, 19 How. 263, 268; Schuchardt v. Allens, 1 Wall. 359, 370. If, therefore, the facts established, and the conclusions which they reasonably justify, do not disclose a valid cause of action against the defendant, the judgment must be affirmed; otherwise reversed.
It must be conceded that the claim of Merrick and Durant to be…
2Cases cited3 opinions
- Parks v. RossSupreme Court of the United States · 1851
- Schuchardt v. AllensSupreme Court of the United States · 1864
- Richardson v. City of BostonSupreme Court of the United States · 1857
3Cited by11 opinions
- Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
- Hue v. Farmboy Spray Co., Inc.Washington Supreme Court · 1995
- Boston & M. R. R. v. HurdCourt of Appeals for the First Circuit · 1901
- Hardin v. Ill. Central Railroad Co.Supreme Court of Missouri · 1934
- All-Pure Chemical Co. v. WhiteWashington Supreme Court · 1995
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