McDonald v. Fernald
Supreme Court of New Hampshire
Assumpsit, for labor. The facts in this and seven other actions against the defendant involving the same questions were found by a referee. In September, 1890, the defendant took a job to haul timber from certain lots in Success. lie sublet a part of the job to B. K. Condon, by whom the plaintiffs were employed, at a stipulated price per month. They and others, fearing they would not be paid for their work, threatened to leave.
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Assumpsit, for labor. The facts in this and seven other actions against the defendant involving the same questions were found by a referee. In September, 1890, the defendant took a job to haul timber from certain lots in Success. lie sublet a part of the job to B. K. Condon, by whom the plaintiffs were employed, at a stipulated price per month. They and others, fearing they would not be paid for their work, threatened to leave. To prevent their leaving, Condon’s foreman, on Sunday, December 28, 1890, procured from the defendant a writing of that date, as follows: “ This is to certify that I,…
1Opinion of the CourtChase, J.
The memorandum signed by the defendant was
sufficient to answer the requirements of the statute of frauds, P. S., c. 215, s. 2. Heading it in the light of the circumstances attending the making of it (Brown v. Whipple, 58 N. H. 229, 233), it appears that the plaintiffs were the other parties to the agreement therein proposed, and that the sums to be paid thereunder would be ascertainable by computation. In these respects the agreement resembles the one considered in Wills v. Cutler, 61 N. H. 405. Although it was unnecessary (Britton v. Angier, 48 N. H. 420; Lang v. Henry, 54 N. H. 57, 59), the…
2Cases cited4 opinions
- Brown v. WhippleSupreme Court of New Hampshire · 1877
- Bank of Newbury v. SinclairSupreme Court of New Hampshire · 1880
- Wills v. CutlerSupreme Court of New Hampshire · 1881
- Dearborn v. SawyerSupreme Court of New Hampshire · 1879
3Cited by4 opinions
- Atto v. SaundersSupreme Court of New Hampshire · 1915
- Maisch v. CobbSupreme Court of New Hampshire · 1911
- Brown v. FowlerSupreme Court of New Hampshire · 1900
- Howland v. CurrierSupreme Court of New Hampshire · 1897