Pew v. First National Bank
Massachusetts Supreme Judicial Court
Contract upon an account annexed, the first item being “ for services attending repairs, $300,” and the second, “ for six months’ services to July 1, 1875, $750.” Answer, a general denial as to the first item, and, to the second, that only $200 were due, and a tender of that amount.
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Contract upon an account annexed, the first item being “ for services attending repairs, $300,” and the second, “ for six months’ services to July 1, 1875, $750.” Answer, a general denial as to the first item, and, to the second, that only $200 were due, and a tender of that amount. Trial in the Superior Court, before Gardner, J., who reported the case for the determination of this court, in substance as follows: In 1872, the plaintiff was the president of the defendant bank with a salary of $400 a year. In that year, the defendant bought a building, and rebuilt and repaired it at an expense…
1Opinion of the CourtMorton, J.
The plaintiff admits that no express contract to pay him for his services was made by the directors, either by vote or otherwise ; but contends that the services were valuable to the bank, and were rendered under such circumstances that there was an implied contract to pay a reasonable compensation for them.
A bank or other corporation may be bound by an implied contract in the same manner as an individual may. But, in any case, the mere fact that valuable services are rendered for the benefit of a party does not make him liable upon an implied promise to pay for them. It often happens that…
2Cases cited1 opinion
- Davis v. WilsonMassachusetts Supreme Judicial Court · 1850
3Cited by59 opinions
- Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
- von Arnim v. American Tube WorksMassachusetts Supreme Judicial Court · 1905
- Calkins v. Wire Hardware Co.Massachusetts Supreme Judicial Court · 1929
- Shaw v. HardingMassachusetts Supreme Judicial Court · 1940
- Schmeling v. JorgensenSouth Dakota Supreme Court · 1957
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