Newell v. Chesley
Massachusetts Supreme Judicial Court
Contract on an account annexed for work and labor. The answer set up, among other things, a special contract by the plaintiff to make three machines for the defendant; that the terms of this contract were not performed; that the machines were never completed by the plaintiff or accepted by the defendant ; and that the defendant had not received any benefit or advantage from the labor performed by the plaintiff.
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Contract on an account annexed for work and labor. The answer set up, among other things, a special contract by the plaintiff to make three machines for the defendant; that the terms of this contract were not performed; that the machines were never completed by the plaintiff or accepted by the defendant ; and that the defendant had not received any benefit or advantage from the labor performed by the plaintiff. The case was referred to an auditor, who made a report, the material parts of which were as follows: “ I find and report that the plaintiff agreed to furnish labor for the defendant in…
1Opinion of the CourtGray, C. J.
The auditor’s conclusion -vas primá facie evidence
in favor of the plaintiff, unless it appeared by his report to be inconsistent, as matter of law, with other facts therein stated. Gen. Sts. c. 121, § 46. Ropes v. Lane, 9 Allen, 502. Morrill v. Keyes, 14 Allen, 222. Holmes v. Hunt, ante, 505. No such inconsistency appears. The auditor's- report shows that the contract between the parties was oral, and does not purport to state its exact terms. The statement, that “ the) labor was to be chiefly *525performed ” by a particular workman of special skill, might mean that that workman was to do more…
2Cases cited1 opinion
- Fair v. Manhattan InsuranceMassachusetts Supreme Judicial Court · 1873
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