Boyden v. Town of Brookline

The opinion of the court was delivered by

Redfield, J.

This is an action of assumpsit for work and" labor, in which the plaintiff seeks to recover of defendant for services rendered as superintending committee of schools, for the years 1829, 1831, 1832 and 1833. Haying shown his appointment and service the defendant introduced testimony tending to show, .that, at the time of his appointment and service, it was understood between plaintiff and the town, that his services should be gratuitous. The plaintiff then offered to prove that the town had been accustomed to make compensation to other town…