Ford v. Linehan
Massachusetts Supreme Judicial Court
Contract to recover $629.75, $580 being for stone-work upon the defendant’s lot in Calvary Cemetery, under a written agreement dated September 22, 1884, and signed by the plaintiff and Denis A. Linehan, and $49.75 upon an account annexed, for work done and materials furnished in connection therewith.
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Contract to recover $629.75, $580 being for stone-work upon the defendant’s lot in Calvary Cemetery, under a written agreement dated September 22, 1884, and signed by the plaintiff and Denis A. Linehan, and $49.75 upon an account annexed, for work done and materials furnished in connection therewith. Writ dated September 2, 1885. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The defendant, who was theo father of Denis A. Linehan, contended that he was not a party to the contract, and testified by deposition, in answer to…
1Opinion of the CourtMorton, C. J.
The written contract for the work which is sued for was signed by the son of the defendant; but if the plaintiff can prove that in contracting for the work the son was acting as the agent of the defendant, this action can be maintained. Whether he was so acting, is a question of fact for the jury, and we are of opinion that there was evidence at the trial which was properly submitted to them upon this issue.
It appeared that the defendant was seventy-three years old, and had been confined to his house for five years by rheumatism ; that he was a man of considerable property; that he was the…
2Cited by3 opinions
- Crawford v. MoranMassachusetts Supreme Judicial Court · 1897
- Hayward v. LangmaidMassachusetts Supreme Judicial Court · 1902
- Menard v. Metropolitan Motor Car Exchange, Inc.Massachusetts District Court, Appellate Division · 1956