Ryan v. Dayton
Supreme Court of Connecticut
Assumpsit for work and labor. The cause was referred to an auditor, who at the term of the superior court for Litchfield county, holden in March, 1856, made his report, embracing the following facts : On the 30th and 31st of July, 1854, the plaintiff labored for the defendant by days work, for which the defendant paid the plaintiff; on the last day aforesaid, it was mutually agreed, verbally, bétween the plaintiff and defendant, that the plaintiff should labor for the…
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Assumpsit for work and labor. The cause was referred to an auditor, who at the term of the superior court for Litchfield county, holden in March, 1856, made his report, embracing the following facts : On the 30th and 31st of July, 1854, the plaintiff labored for the defendant by days work, for which the defendant paid the plaintiff; on the last day aforesaid, it was mutually agreed, verbally, bétween the plaintiff and defendant, that the plaintiff should labor for the defendant at farming for the term of one year, to commence the next day, and that the defendant should pay the plaintiff one…
1Opinion of the CourtStorrs, J.
We do not deem it necessary in this case to determine the question which has been made, whether the agreement between these parties is within the provisions of the statute of frauds. If it is, the law would give it no effect while it remained executory, and no action could afterwards be maintained on it, nor could it be used as a defence to an action brought for services rendered under it. It would be treated for these purposes, as though it never existed. But where the services, as in the present case, were not intended to be rendered gratuitously, the law would in such absence of any valid…
2Cases cited1 opinion
- Fenton v. ClarkSupreme Court of Vermont · 1839
3Cited by17 opinions
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- Caffee v. StateCourt of Criminal Appeals of Oklahoma · 1915
- Cazares v. SaenzCalifornia Court of Appeal · 1989
- Jennings v. LyonsWisconsin Supreme Court · 1876
- Duncan v. BakerSupreme Court of Arkansas · 1878
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