Dame v. Woods
Supreme Court of New Hampshire
Assumpsit, for labor and. materials. Facts found, and case transferred from the March term, 1904, of the superior court, by Stone, J. The plaintiff contracted with the defendant to put into a tenement house owned by the latter a heating apparatus, consisting of a boiler, radiators, piping, and other appliances and fixtures.
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Assumpsit, for labor and. materials. Facts found, and case transferred from the March term, 1904, of the superior court, by Stone, J. The plaintiff contracted with the defendant to put into a tenement house owned by the latter a heating apparatus, consisting of a boiler, radiators, piping, and other appliances and fixtures. The plaintiff was to furnish all the materials and do the work in a thorough and workmanlike manner, and the defendant was to pay the plaintiff the sum of $587.90, upon the completion of all the work. When the plaintiff had affixed to the realty a boiler, radiators, and…
1Opinion of the Court
This proceeding is not an action upon the special contract, but of quasi-contract, to recover the benefits, if any, which the plaintiff may have conferred upon the defendant by his part performance of the special contract.
A quasi-contract exists independently of the intention of the parties, and is founded upon the doctrine of unjust enrichment. Its origin may be in the partial performance of a contract (Britton v. Turner, 6 N.H. 481); and the benefit conferred upon the defendant by the part performance, and not the detriment incurred by the plaintiff, is the basis of liability. Britton v.…
2Cases cited4 opinions
- Allen v. JarvisSupreme Court of Connecticut · 1849
- Britton v. TurnerSuperior Court of New Hampshire · 1834
- Davis v. BarringtonSuperior Court of New Hampshire · 1855
- Southern Pacific Co. v. American Well WorksIllinois Supreme Court · 1898
3Cited by3 opinions
- Schneider v. Allis-Chalmers Manufacturing Co.Wisconsin Supreme Court · 1928
- Dame v. WoodSupreme Court of New Hampshire · 1908
- Anderson v. ShattuckSupreme Court of New Hampshire · 1911