Brennan v. Employers Liability Assurance Corp.
Massachusetts Supreme Judicial Court
Two actions of contract, the declaration in each case alleging that, in consideration of the plaintiff’s intestate signing and delivering to the defendant in the second action, who was a building contractor, a release of all demands against such defendant arising out of personal injuries occurring through such defendant’s negligence, such defendant paid him $300 and agreed that, if he was not so far recovered at the end of six weeks that he could resume labor, “the defendant…
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Two actions of contract, the declaration in each case alleging that, in consideration of the plaintiff’s intestate signing and delivering to the defendant in the second action, who was a building contractor, a release of all demands against such defendant arising out of personal injuries occurring through such defendant’s negligence, such defendant paid him $300 and agreed that, if he was not so far recovered at the end of six weeks that he could resume labor, “the defendant would make the plaintiff good to the extent of his damages and injuries;” that the plaintiff’s intestate had not…
1Opinion of the CourtHammond, J.
Upon the evidence the jury properly might have found that by the understanding of Brennan, the plaintiff’s intestate, and Linscott, the $300 was not the only consideration for the receipt, but that in a certain contingency, namely, Brennan’s failure to recover fully within six weeks from the time of the settlement, then Linscott was to “make it right” with him; that he did not recover within the time named, and that each defendant is bound by the promise.
The jury might have found further that under the circumstances the words “make it right” meant that in the contingency named the plaintiff’s…
2Cases cited2 opinions
- Silver v. GravesMassachusetts Supreme Judicial Court · 1911
- Noble v. Joseph Burnett Co.Massachusetts Supreme Judicial Court · 1911
3Cited by20 opinions
- Schade v. DiethrichArizona Supreme Court · 1988
- Cygan v. MegathlinMassachusetts Supreme Judicial Court · 1951
- Corthell v. Summit Thread Co.Supreme Judicial Court of Maine · 1933
- Dixon v. LamsonMassachusetts Supreme Judicial Court · 1922
- Ferris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1935
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