Blackmer v. Davis
Massachusetts Supreme Judicial Court
Contract against Elnathan Davis and Francis G. Davis, to recover a balance of $200, alleged to be due the plaintiff, upon a contract to build a shop. The declaration alleged that the plaintiff had performed his part of the contract; but the defendants refused to perform their part.
Read the full summary
Contract against Elnathan Davis and Francis G. Davis, to recover a balance of $200, alleged to be due the plaintiff, upon a contract to build a shop. The declaration alleged that the plaintiff had performed his part of the contract; but the defendants refused to perform their part. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered evidence tending to show that he had some conversation with the defendant Francis G. Davis, with reference to building a shop; that he made a verbal arrangement with Francis to build the…
1Opinion of the CourtColt, J.
The action is against the defendants as joint promisors, to recover the balance due upon a contract with the plaintiff to build a shop, which it is alleged had been performed. Under the declaration .in this case, the right to recover would be established by proving the performance of either a written or verbal contract with the defendants jointly. The plaintiff relied on the written contract set out in the bill of exceptions. The plaintiff and Francis G. Davis were the only parties to this contract as originally drawn up. There was evidence tending to show that the plaintiff refused to go on…
2Cases cited6 opinions
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- Danker v. AtwoodMassachusetts Supreme Judicial Court · 1875
- Ex parte FultonNew York Supreme Court · 1827
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1878
- National Pemberton Bank v. LougeeMassachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Woodcock v. UdellSuperior Court of Delaware · 1953
- Brush v. Wells Fargo Bank, N.A.District Court, S.D. Texas · 2012
- Gloucester Mutual Fishing Insurance v. BoyerMassachusetts Supreme Judicial Court · 1936
- New Amsterdam Casualty Co. v. Mobinco Brokerage Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Brown v. O'ByrneSupreme Court of Alabama · 1907
7 more not listed; retrieve them via the Exa API.