Bickford v. Dane
Supreme Court of New Hampshire
Assumpsit, against a married woman, for labor and materials furnished by the plaintiff on a house owned by her in her own right. The defendant and her husband occupied the house, and he employed the plaintiff, and the latter’s servants did the work. While the work was in progress the defendant gave some directions about it, but at no time made any express request to have it done.
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Assumpsit, against a married woman, for labor and materials furnished by the plaintiff on a house owned by her in her own right. The defendant and her husband occupied the house, and he employed the plaintiff, and the latter’s servants did the work. While the work was in progress the defendant gave some directions about it, but at no time made any express request to have it done. The plaintiff, sup- posing the house belonged to the husband, charged the bill, in the first instance, against him, but, learning it was the wife’s, made claim upon her. The court denied a motion for a nonsuit, and…
1Opinion of the CourtAllen, J.
The nonsuit was properly denied. The fact that the defendant’s husband employed the plaintiff to make the repairs on her house, and that she knew they were made and gave directions about them at the time, was evidence from which a jury might find the husband an authorized agent to contract for the repairs, or a ratification on her part of the contract he had made. The circumstances under which the labor was done, and her connection with it, were not conclusive evidence of an understanding on her part that she was one of the contracting parties. She could bind herself to pay for the repairs.…
2Cases cited1 opinion
- Morse v. MasonMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- Ernshaw v. RobergeSupreme Court of New Hampshire · 1934
- Elliot Hospital v. TurcotteSupreme Court of New Hampshire · 1918
- Page v. SnellSupreme Court of New Hampshire · 1880
- Cox v. CoxSupreme Court of New Hampshire · 1904
- Clark v. SanbornSupreme Court of New Hampshire · 1895
1 more not listed; retrieve them via the Exa API.