Arnold v. Spurr
Massachusetts Supreme Judicial Court
Contract upon an account annexed for lumber sold and delivered. At the trial in the Superior Court, before Colburn, J., the evidence tended to show that, in 1876, the defendant owned a piece of land in Winchester, on which was situated a barn and a house, which she and her husband then occupied; that, in that year, a second house was erected on the land, about one hundred and fifty feet from the first house; that Abram P. Palmer, a carpenter, was employed under an oral…
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Contract upon an account annexed for lumber sold and delivered. At the trial in the Superior Court, before Colburn, J., the evidence tended to show that, in 1876, the defendant owned a piece of land in Winchester, on which was situated a barn and a house, which she and her husband then occupied; that, in that year, a second house was erected on the land, about one hundred and fifty feet from the first house; that Abram P. Palmer, a carpenter, was employed under an oral agreement with George W. Spurr, the defendant’s husband, to furnish the labor and materials to build the second house, with…
1Opinion of the CourtLord, J.
We are not called upon to decide whether the evidence in this case was sufficient to sustain the burden of proof, which was on the plaintiff, but only whether there was evidence proper for the consideration of the jury upon the issue presented; and we think there was.
*349It is, of course, incumbent upon an excepting party to show that his rights have been injuriously affected in the conduct of the trial. There is no such presumption in his favor; and when therefore it is said that “ George W. Spurr had the management of said property of his wife, the defendant, and gave all necessary directions…
2Cited by23 opinions
- Gordon v. O'BrienMassachusetts Supreme Judicial Court · 1947
- Puget Sound Lumber Co. v. KrugCalifornia Supreme Court · 1891
- Schram v. BurtCourt of Appeals for the Sixth Circuit · 1940
- Harvey v. SquireMassachusetts Supreme Judicial Court · 1914
- Reid v. MillerMassachusetts Supreme Judicial Court · 1910
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