Brown v. Woodbury
Massachusetts Supreme Judicial Court
Contract for an alleged breach of an oral contract to employ the plaintiff as manager of the hotel Westminster in Boston-, from September 1, 1900, through August 31,1901, with a second count on a quantum meruit for services as manager1 from1 September 1,1900, to May 13, 1901. Writ dated June 3, 1901. In the Superior Court the case was tried before Sheldon, J. The counsel for the plaintiff, in his opening to the jury, said that he intended to rely on the second count, but…
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Contract for an alleged breach of an oral contract to employ the plaintiff as manager of the hotel Westminster in Boston-, from September 1, 1900, through August 31,1901, with a second count on a quantum meruit for services as manager1 from1 September 1,1900, to May 13, 1901. Writ dated June 3, 1901. In the Superior Court the case was tried before Sheldon, J. The counsel for the plaintiff, in his opening to the jury, said that he intended to rely on the second count, but should hold to the first if for any reason of law he could not rely on the second. The evidence on both sides tended to…
1Opinion of the CourtHammond, J.
1. The declaration contained two counts, the first based upon an affirmance of the contract, the second upon a disaffirmance of it. At the close of the evidence the defendants asked for a ruling that the plaintiff not having waived the first count, but having relied on it throughout the trial, could not recover upon the second count, but could recover, if at all, only upon the first, and further that the plaintiff at that stage of the case could not elect to waive the first count and to rely only upon the second. The judge refused thus to rule, but having ruled that the plaintiff could not go…
2Cases cited9 opinions
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
- Whiteside v. BrawleyMassachusetts Supreme Judicial Court · 1890
- Mullaly v. AustinMassachusetts Supreme Judicial Court · 1867
- Derby v. JohnsonSupreme Court of Vermont · 1848
- Linningdale v. LivingstonNew York Supreme Court · 1813
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Corbett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Hendrickson v. MeredithSupreme Court of Virginia · 1933
- Williams v. Pittsfield Lime & Stone Co.Massachusetts Supreme Judicial Court · 1927
17 more not listed; retrieve them via the Exa API.