Stewart v. Thayer
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for services rendered by the plaintiff in furnishing music to the defendant. After the former decision, reported 168 Mass. 519, the case was tried in the Superior Court, without a jury, before Sheldon, J., who found for the defendant; and both parties alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action upon an account annexed, for music furnished to the defendant by the plaintiff. The case *561already has been before this court after a trial on the first count. Stewart v. Thayer, 168 Mass. 519. It has been decided that the contract testified to by the plaintiff was entire, and is not to be enforced because a part of the services which it called for were to be rendered on Sunday, and were within the prohibition of Pub. Sts. c. 98, §§ 1, 2. We assume this to be settled, and shall discuss it no further.
When the case came on for trial a second time, the plaintiff was allowed to…
2Cases cited11 opinions
- Clark v. United StatesSupreme Court of the United States · 1877
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Phipps v. MahonMassachusetts Supreme Judicial Court · 1886
- Troewert v. DeckerWisconsin Supreme Court · 1881
- Bacon v. ParkerMassachusetts Supreme Judicial Court · 1884
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3Cited by14 opinions
- Robbins v. Pacific Eastern Corp.California Supreme Court · 1937
- Shubert Theatrical Co. v. RathCourt of Appeals for the Second Circuit · 1921
- United States Potash Co. v. McNuttCourt of Appeals for the Tenth Circuit · 1934
- Bauer v. Bond & Goodwin Inc.Massachusetts Supreme Judicial Court · 1934
- Perkins v. AllnutMontana Supreme Court · 1913
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