Hebert v. Dewey
Massachusetts Supreme Judicial Court
Cross actions of contract, described in the first paragraph of the opinion, both upon a contract in writing dated June 20, 1893. Writs dated respectively September 7,1895 and August 15, 1902. In the Superior Court the cases were tried before Holmes, J., who made the rulings stated in the opinion. In the first action the jury returned a verdict for the plaintiff in the sum of $1,100 ; and the defendant alleged exceptions.
Read the full summary
Cross actions of contract, described in the first paragraph of the opinion, both upon a contract in writing dated June 20, 1893. Writs dated respectively September 7,1895 and August 15, 1902. In the Superior Court the cases were tried before Holmes, J., who made the rulings stated in the opinion. In the first action the jury returned a verdict for the plaintiff in the sum of $1,100 ; and the defendant alleged exceptions. In the second action the jury by direction of the judge returned a verdict for the defendant; and the plaintiff in that case, being the defendant in the first case, alleged…
1Opinion of the CourtKnowlton, C. J.
The first of these actions was brought by the plaintiff’s intestate to recover upon a contract in writing for building a house for the defendant, and also for extra work done in connection with the contract. The second is a cross action, brought to recover damages for the non-performance of the contract, and also for money lent to the defendant, and money had and received by the defendant to the plaintiff’s use. In the opinion of the judge, it appeared at the close of the evidence that the matters relied on in the cross action were substantially the same as those set up in the answer and in…
2Cases cited23 opinions
- United States v. RobesonSupreme Court of the United States · 1835
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
18 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Eaton v. EatonMassachusetts Supreme Judicial Court · 1919
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
- Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
37 more not listed; retrieve them via the Exa API.