Kinsman v. Kershaw
Massachusetts Supreme Judicial Court
CONTRACT on an account annexed to recover $34 for work done and materials furnished by the plaintiffs to the defendant. Answer, payment.
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CONTRACT on an account annexed to recover $34 for work done and materials furnished by the plaintiffs to the defendant. Answer, payment. At the trial in the Superior Court, before Allen, J., the defendant testified that he called on John Babson, one of the plaintiffs, to ascertain the cost of some proposed work; that Babson said he would send a man to see what it would cost, and that afterwards John Q. Thayer called at the store of the defendant to estimate the probable cost; that the estimate made was satisfactory to the defendant, and that afterwards Thayer and another man came to his…
1Opinion of the Court
By the Court.
The bill made out upon one of the plaintiffs’ printed bill-heads by their bookkeeper in accordance with his duty, and by him put in the hands of Thayer, and by Thayer shown to the defendant, was sufficient evidence of Thayer’s authority to justify the defendant in paying him the amount of the bill, if the defendant acted in good faith, and without having ob* *142served the words in fine print at the top of the bill requiring all moneys to be paid to the plaintiffs’ treasurer. The case was rightly submitted to the jury. Exceptions overruled.
2Cited by3 opinions
- Trainer v. MorisonSupreme Judicial Court of Maine · 1886
- Pampegian v. RichmondMassachusetts Supreme Judicial Court · 1946
- Roof v. Morrisson, Plummer & Co.Appellate Court of Illinois · 1890