Monnahan v. Judd
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, to recover a balance of $114 for “ labor and services in putting in gas plant at Rock-land, Maine, from February 12 to April 7, 1894.” Answer: 1. A general denial. 2. That the defendant “ never employed the plaintiff tó perform any work whatever.” Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows.
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Contract, upon an account annexed, to recover a balance of $114 for “ labor and services in putting in gas plant at Rock-land, Maine, from February 12 to April 7, 1894.” Answer: 1. A general denial. 2. That the defendant “ never employed the plaintiff tó perform any work whatever.” Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified that he performed labor in putting in a gas plant in Rockland, Maine; that one Rowe employed him; that he asked Rowe whom it was for, and he said for the defendant; that the plaintiff…
1Opinion of the CourtAllen, J.
The defendant’s second request for instructions was given in substance, though not in express terms. The defendant’s rights as to this were fully saved by the instructions which were given.
The first request was, that upon all the evidence the plaintiff *99was not entitled to recover. The plaintiff contended, amongst other things, that Rowe employed him to render the services for the defendant; and that if Rowe was acting without the defendant’s authority in doing this, yet the defendant afterwards ratified and adopted his act. There was evidence tending to support this view. The plaintiff and…
2Cases cited3 opinions
- Murray v. C. N. Nelson Lumber Co.Massachusetts Supreme Judicial Court · 1887
- Abbott v. DoaneMassachusetts Supreme Judicial Court · 1895
- Manning v. LelandMassachusetts Supreme Judicial Court · 1891
3Cited by1 opinion
- Bishop v. BurkeMassachusetts Supreme Judicial Court · 1910