Spring v. Hulett
Massachusetts Supreme Judicial Court
Contract on a promissory note and for work and labor. The defendant filed a declaration in set-off containing a count on an account annexed for board and lodging furnished to the plaintiff and Edward Spring, her infant ward, and for wool, a “ goods box,” and eighteen dollars in cash furnished by the defendant to the plaintiff. The answer to the declaration in set-off was a general denial.
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Contract on a promissory note and for work and labor. The defendant filed a declaration in set-off containing a count on an account annexed for board and lodging furnished to the plaintiff and Edward Spring, her infant ward, and for wool, a “ goods box,” and eighteen dollars in cash furnished by the defendant to the plaintiff. The answer to the declaration in set-off was a general denial. At the trial in the superior court, before Brigham, C. J., it appeared that the plaintiff with her ward was at the house of the defendant, who was her uncle, at the time alleged in the declaration in…
1Opinion of the CourtWells, J.
1. Evidence that the plaintiff and her ward rendered services to the defendant, while living at his house, was admissible upon the question, of the value, or the reasonable amount of compensation to be allowed for their board, if any; and also upon the question whether there was any understanding or implication of a promise that payment should be made for it. Boardman v. Silver, 100 Mass. 330.
2. The law implies a promise to pay for the reasonable value of benefits received, only when there is no evidence that they were conferred upon other grounds than that of contract. When the relations…
2Cases cited1 opinion
- Boardman v. SilverMassachusetts Supreme Judicial Court · 1868
3Cited by10 opinions
- Kirchgassner v. RodickMassachusetts Supreme Judicial Court · 1898
- Edmund Wright Ginsberg Corp. v. C. D. Kepner Leather Co.Massachusetts Supreme Judicial Court · 1945
- French v. BrayMassachusetts Supreme Judicial Court · 1928
- Saunders v. SaundersSupreme Judicial Court of Maine · 1897
- Lyons v. JacksonMassachusetts Supreme Judicial Court · 1919
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