O'Conner v. Hurley
Massachusetts Supreme Judicial Court
Contract, in two counts, to recover the price of a dwelling-house erected on land in which the first-named defendant had a right of dower, and the other defendants, her daughters, owned the fee.
Read the full summary
Contract, in two counts, to recover the price of a dwelling-house erected on land in which the first-named defendant had a right of dower, and the other defendants, her daughters, owned the fee. The first count alleged that the defendants, having requested the plaintiff to erect a dwelling-house for them on the land, and having promised to pay him therefor, owed the plaintiff for the cost thereof; and the second count alleged that they owed him the same amount as for money laid out and expended by him for their use. Answer: 1. A general denial. 2. Payment. Trial in the Superior Court, without…
1Opinion of the CourtDeyens, J.
The ground upon which'the plaintiff seeks to establish his position, that a contract should be implied on the part of the defendants other than Mrs. Margaret Hurley (being her daughters) to pay to him the cost of the dwelling-house which he erected upon their land, in which Mrs. Hurley had a dower interest only, is that they knew that the plaintiff had made an express contract with Margaret to build a house thereon, that they not only did not object thereto, but, being aware of the fact, expressed themselves pleased therewith, as they were desirous that their mother should have a home, and…
2Cases cited6 opinions
- Day v. CatonMassachusetts Supreme Judicial Court · 1876
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
- Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
- Ely v. JamesMassachusetts Supreme Judicial Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Salamon v. TerraMassachusetts Supreme Judicial Court · 1985
- LaChance v. RigoliMassachusetts Supreme Judicial Court · 1950
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Edmund Wright Ginsberg Corp. v. C. D. Kepner Leather Co.Massachusetts Supreme Judicial Court · 1945
- Rosenberg v. RobbinsMassachusetts Supreme Judicial Court · 1935
20 more not listed; retrieve them via the Exa API.