Forbes v. Appleyard
Massachusetts Supreme Judicial Court
Contract upon an account annexed amounting in all to $2,038.67 for professional services as an expert electrical engineer and for expenses. Writ dated March 1, 1901. In the Superior Court Hardy, J. ordered a verdict for the plaintiff for two items only, amounting to $77.61; and the plaintiff alleged exceptions.
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Contract upon an account annexed amounting in all to $2,038.67 for professional services as an expert electrical engineer and for expenses. Writ dated March 1, 1901. In the Superior Court Hardy, J. ordered a verdict for the plaintiff for two items only, amounting to $77.61; and the plaintiff alleged exceptions. The bill of exceptions stated the following evidence in regard to the contract between the parties and the facts relied upon by the plaintiff as constituting a breach on the part of the defendant: The plaintiff testified, that the defendant was a promoter, investor and contractor in…
1Opinion of the CourtHolmes, C. J.
This is an action upon an account annexed for services as an electrical engineer. The plaintiff’s case is that he was employed by the defendant, and that the defendant broke the contract before it was completed. Therefore we assume that the suit is for a quantum meruit. See Canada v. Canada, 6 Cush. 15; Simmons v. Lawrence Duck Co. 133 Mass. 298, 300. On that footing the bill of particulars charges three items: professional services from September 8 to November 3, 1900, inclusive; like services on November 12, and again from December 5 to December 8, both inclusive. The other items were for…
2Cases cited5 opinions
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
- Bull v. SchuberthCourt of Appeals of Maryland · 1852
- Simmons v. Lawrence Duck Co.Massachusetts Supreme Judicial Court · 1882
- Cook v. GrayMassachusetts Supreme Judicial Court · 1882
- Trecy v. JeftsMassachusetts Supreme Judicial Court · 1889
3Cited by5 opinions
- Snowball v. Maney Bros. & Co.Wyoming Supreme Court · 1928
- George N. Pierce Co. v. BeersMassachusetts Supreme Judicial Court · 1906
- Johnson v. StarrMassachusetts Supreme Judicial Court · 1947
- Johnson & Higgins v. Harper Transp. Co.District Court, D. Massachusetts · 1915
- Fore River Shipbuilding Co. v. Southern Pac. Co.Court of Appeals for the First Circuit · 1914