Legal Opinion

Lovell v. Earle

Massachusetts Supreme Judicial Court

Decided October 27, 1879PublishedCited by 12 opinions

Contract on an account annexed for goods sold and work done. Answer: 1. A general denial. 2. That all the items charged in the plaintiff’s account were covered by a special contract, by the terms of which the plaintiff was to furnish the goods and labor for a round sum.

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Contract on an account annexed for goods sold and work done. Answer: 1. A general denial. 2. That all the items charged in the plaintiff’s account were covered by a special contract, by the terms of which the plaintiff was to furnish the goods and labor for a round sum. At the trial in the Superior Court, before Pitman, J., with out a jury, the defendant admitted that the several items in the plaintiff’s account were furnished; but contended that they were furnished under a special contract for a fixed sum less than the amount now claimed; and put in evidence tending to prove a special…

1Opinion of the CourtGray, C. J.

At common law, goods sold and work and labor done, either at their reasonable worth, or at a stipulated price, or under a special contract fully performed by the plaintiff, *547might be sued for in appropriate common counts; and, by our practice act, any demands that might have been recovered under the common counts may be joined in a single "count on an account annexed. The defendant having admitted at the trial that all the items in the account had been furnished, the facts that the amount proved to be due was under a special contract, and was less than the sum of the items included in the…

2Cases cited2 opinions

  1. Cullen v. SearsMassachusetts Supreme Judicial Court · 1873
  2. Lowe v. PimentalMassachusetts Supreme Judicial Court · 1874

3Cited by12 opinions

  1. Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
  2. Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
  3. Munroe v. TaylorMassachusetts Supreme Judicial Court · 1906
  4. Dalton v. American Ammonia Co.Massachusetts Supreme Judicial Court · 1920
  5. Pacheco v. MedeirosMassachusetts Supreme Judicial Court · 1935

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