Williams v. Bemis
Massachusetts Supreme Judicial Court
Contract for work done and materials furnished in cultivating the land of Harvlin Towne, the defendant’s testator. Trial in the superior court, before Scudder, J., who, before verdict, by consent of the parties, made a report of the case, of which the material parts were as follows : “ The plaintiff testified that the work was done and the materials nsed by him upon the land of Towne under Towne’s general direction.
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Contract for work done and materials furnished in cultivating the land of Harvlin Towne, the defendant’s testator. Trial in the superior court, before Scudder, J., who, before verdict, by consent of the parties, made a report of the case, of which the material parts were as follows : “ The plaintiff testified that the work was done and the materials nsed by him upon the land of Towne under Towne’s general direction. On cross-examination he testified, against his own objection, that before he began the work Towne said he might take the land for one year and plant it with potatoes, and he would…
1Opinion of the CourtAmes, J.
An action for money had and received lies to recover back money paid by a party to an agreement which is invalid by the statute of frauds, and which the other party refuses to perform. Cook v. Doggett, 2 Allen, 439. Basford v. Pearson, 9 Allen, 387. Gillet v. Maynard, 5 Johns. 85. An action would also he for the return of any article delivered, or for payment for labor and services rendered, upon such an agreement and under such circumstances. Sherburne v. Fuller, 5 Mass. 133. Lane v. Shackford, 5 N. H. 130. Holbrook v. Armstrong, 1 Fairf. 31. Such is undoubtedly the general rule, as…
2Cases cited3 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Gillet v. MaynardNew York Supreme Court · 1809
- Sherburne v. FullerMassachusetts Supreme Judicial Court · 1809
3Cited by29 opinions
- Frazer v. HoweIllinois Supreme Court · 1883
- Wise v. Midtown Motors, Inc.Supreme Court of Minnesota · 1950
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Kelley v. ThompsonMassachusetts Supreme Judicial Court · 1902
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