Legal Opinion

Dyer v. Swift

Massachusetts Supreme Judicial Court

Decided June 26, 1891PublishedCited by 16 opinions

Contract for labor performed and materials furnished by the plaintiff in painting the defendant’s house. At the trial in the Superior Court, without a jury, before Pitman, J., it was agreed that the report of an auditor, to whom the case was referred, should be treated as an agreed statement of facts.

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Contract for labor performed and materials furnished by the plaintiff in painting the defendant’s house. At the trial in the Superior Court, without a jury, before Pitman, J., it was agreed that the report of an auditor, to whom the case was referred, should be treated as an agreed statement of facts. This report recited that the labor and materials in question were contracted for by the defendant’s husband, and originally were charged to him by the plaintiff; that the house, in which the defendant and her husband lived together, belonged to the defendant, together with the land under it, the…

1Opinion of the CourtMorton, J.

By agreement between the parties, the auditor’s report was treated as a statement of agreed facts; and it was further agreed, that if, upon such statement, “ the auditor ought not, as a matter of law, to have found for the plaintiff, judgment to be entered for the defendant; otherwise, for the plaintiff.” The case was tried by the court below, without a jury, and judgment ordered for the plaintiff, from which the defendant appealed. The question is whether, as matter of law, upon the facts found by him, the finding of the auditor in favor of the plaintiff was wrong, and we are of opinion that…

2Cases cited7 opinions

  1. Fry's v. Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1859
  2. Lovell v. WilliamsMassachusetts Supreme Judicial Court · 1878
  3. Arnold v. SpurrMassachusetts Supreme Judicial Court · 1881
  4. Jefferds v. AlvardMassachusetts Supreme Judicial Court · 1890
  5. Wheaton v. TrimbleMassachusetts Supreme Judicial Court · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Bradley v. MeltzerMassachusetts Supreme Judicial Court · 1923
  2. Reid v. MillerMassachusetts Supreme Judicial Court · 1910
  3. Beston v. AmadonMassachusetts Supreme Judicial Court · 1898
  4. Maynard v. FabyanMassachusetts Supreme Judicial Court · 1929
  5. Grow v. Prudential Trust Co.Massachusetts Supreme Judicial Court · 1924

11 more not listed; retrieve them via the Exa API.

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