Young v. Preston
Supreme Court of the United States
Error to the Circuit Court for the district of Columbia, in an action of assumpsit, brought by Preston against Young, upon a quantum meruit for work and labor.
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Error to the Circuit Court for the district of Columbia, in an action of assumpsit, brought by Preston against Young, upon a quantum meruit for work and labor. At the trial below, the defendant, Young, offered in evidence a sealed agreement between the parties, and offered further evidence that the work and labor for which this action was brought, were done in consequence of that agreement; and prayed the court to instruct the jury that, if, from the evidence, they should be of opinion, that the said work and labor was done in consequence of the sealed agreement, the action of assumpsit would…
1Opinion of the Court
But notwithstanding these authorities, The Court adhered to their first impression, some of the judges saying, *that the plaintiff had a clear right of action upon the sealed instrument; he might aver in his declaration that he had, in part, performed the work, and was ready to do the rest, but was prevented by the defendant. And whenever a man may have an action on a sealed instrument, he is bound to resort to it.
Judgment reversed.1
See notes to January v. Goodman, 1 Dall, 208.
2Cited by1 opinion
- Young v. PrestonSupreme Court of the United States · 1808