Day v. Caton
Massachusetts Supreme Judicial Court
Contract to recover the value of one half of a brick party wall built by the plaintiff upon and between the adjoining estates, 27 and 29 Greenwich Park, Boston. At the trial in the Superior Court, before Allen, J., it appeared that, in 1871, the plaintiff, having an equitable interest in lot 29, built the wall in question, placing one half of it on the vacant lot 27, in which the defendant then had an equitable interest.
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Contract to recover the value of one half of a brick party wall built by the plaintiff upon and between the adjoining estates, 27 and 29 Greenwich Park, Boston. At the trial in the Superior Court, before Allen, J., it appeared that, in 1871, the plaintiff, having an equitable interest in lot 29, built the wall in question, placing one half of it on the vacant lot 27, in which the defendant then had an equitable interest. The plaintiff testified that there was an express agreement on the defendant’s part to pay him one half the value of the wall when the defendant should use it in building…
1Opinion of the Court
Devens, J.. The ruling that a promise to pay for the wall would not be implied from the fact that the plaintiff, with the defendant’s knowledge, built the wall, and that the defendant used it, was substantially in accordance with the request of the defendant, and is conceded to have been correct. Chit. Con. (11th Am. ed.) 86. Wells v. Banister, 4 Mass. 514. Knowlton v. Plantation No. 4, 14 Maine, 20. Davis v. School District in Bradford, 24 Maine, 349.
The defendant, however, contends that the presiding judge incorrectly ruled that such promise might be inferred from the fact that the…
2Cases cited3 opinions
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Preble v. BaldwinMassachusetts Supreme Judicial Court · 1850
- Millett v. ParkerCourt of Appeals of Kentucky · 1859
3Cited by48 opinions
- Bump v. RobbinsMassachusetts Appeals Court · 1987
- Ramsey v. RamseyIndiana Supreme Court · 1889
- Spencer v. SpencerMassachusetts Supreme Judicial Court · 1902
- O'Conner v. HurleyMassachusetts Supreme Judicial Court · 1888
- Bailey v. . RutjesSupreme Court of North Carolina · 1882
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