Theobald v. Shepard
Supreme Court of New Hampshire
Quantum Mebuit, to recover compensation under a special contract for moving a tliree-story frame building in Franklin. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1907, of the superior court by Pike, J. The work was mainly done under charge of the plaintiff’s foreman, and covered a period of twenty days.
Read the full summary
Quantum Mebuit, to recover compensation under a special contract for moving a tliree-story frame building in Franklin. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1907, of the superior court by Pike, J. The work was mainly done under charge of the plaintiff’s foreman, and covered a period of twenty days. The plaintiff’s evidence tended to prove that the contract was that he should receive an amount equal to the actual cost of doing the work and a good profit in addition thereto. The “ good profit ” was understood to embrace use of tools and personal…
1Opinion of the CourtWalker, J.
If there was no evidence legally tending to prove that the defendants agreed with the plaintiff, as a part of the contract, that they would be responsible for all injuries the workmen might suffer occasioned by the plaintiff’s negligence, the court committed no error in saying to the jury that there was nothing in the case to warrant such a finding. It is elementary that a finding of fact must be predicated upon some evidence. An examination of the testimony bearing on this branch of the case fails to disclose any evidence of such an agreement. John S. Shepard’s testimony indicates plainly…
2Cases cited20 opinions
- Deschenes v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1897
- Kendall v. GreenSupreme Court of New Hampshire · 1893
- Colburn v. GrotonSupreme Court of New Hampshire · 1889
- Cohn v. SaidelSupreme Court of New Hampshire · 1902
- Thomas v. HarringtonSupreme Court of New Hampshire · 1903
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wellman, Admr. v. WalesSupreme Court of Vermont · 1925
- Donovan v. Connecticut Co.Supreme Court of Connecticut · 1912
- State v. ThorpSupreme Court of New Hampshire · 1934
- Stinson v. Maine Central RailroadSupreme Court of New Hampshire · 1925
- Dunklee v. PriorSupreme Court of New Hampshire · 1922
4 more not listed; retrieve them via the Exa API.