Barriere v. Depatie
Massachusetts Supreme Judicial Court
Contract upon an account annexed for labor and materials performed and furnished by the plaintiff for the defendant. Writ in the Central District Court of Worcester dated June 16, 1913. On appeal to the Superior Court the case was submitted to Dubuque, J., upon an agreed statement of facts as follows: The labor and materials in question were performed and used in doing certain plumbing work for the defendant.
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Contract upon an account annexed for labor and materials performed and furnished by the plaintiff for the defendant. Writ in the Central District Court of Worcester dated June 16, 1913. On appeal to the Superior Court the case was submitted to Dubuque, J., upon an agreed statement of facts as follows: The labor and materials in question were performed and used in doing certain plumbing work for the defendant. At the time the contract was made, under which they were performed and used, “an estimate was made by the plaintiff to the defendant, for the entire work, which included labor and…
1Opinion of the CourtBraley, J.
The plaintiff, never having been licensed either under R. L. c. 103, or the St. of 1909, c. 536, as a master or journeyman plumber, the defendant contends, that, even if a permit was obtained from the city and the work was performed by licensed plumbers and accepted by the inspector of plumbing, yet the statute has been violated and the contract in question therefore is void. The contract has been executed, and, if the consideration is single and any part is tainted with illegality there can be no recovery. Kennedy v. Welch, 196 Mass. 592, 596.
What were its terms? The “estimate” given for the…
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