Legal Opinion

Walker v. Curtis

Massachusetts Supreme Judicial Court

Decided October 1, 1874PublishedCited by 16 opinions

Contract on an account annexed. Writ dated July 24,1872. Trial in the Superior Court, before Allen, J., who, after a verdict for the plaintiff, allowed a bill of exceptions in substance as follows : The question raised at the trial was in regard to the fourth item of the plaintiff’s account, in which he sought to recovei $3361.40 for excavating 9604 yards of earth, at 35 cents a yard.

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Contract on an account annexed. Writ dated July 24,1872. Trial in the Superior Court, before Allen, J., who, after a verdict for the plaintiff, allowed a bill of exceptions in substance as follows : The question raised at the trial was in regard to the fourth item of the plaintiff’s account, in which he sought to recovei $3361.40 for excavating 9604 yards of earth, at 35 cents a yard. The defendant admitted his liability to pay the price charged per yard for whatever earth the plaintiff excavated, at the time and place alleged, but contended that the amount stated in the account was largely…

1Opinion of the CourtGray, C. J.

The findings of the presiding judge upon preliminary questions of fact material to the competency of evidence introduced at the trial are not open to revision in this court, and the bill of exceptions does not show that either of his rulings was erroneous in matter of law.

I. If the papers in Pratt’s handwriting were memoranda of the results of his examinations and calculations, or minutes which helped to explain such memoranda made by him, in the scope of his employment as surveyor under the agreement of both parties to this action, they might properly, he being dead, be admitted in evidence.…

2Cases cited1 opinion

  1. Cornell v. DeanMassachusetts Supreme Judicial Court · 1870

3Cited by16 opinions

  1. Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
  2. Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
  3. Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
  4. Coghlan v. WhiteMassachusetts Supreme Judicial Court · 1920
  5. Giles v. DirobbioCourt of Appeals of Maryland · 1946

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