Drake v. Bell
New York Supreme Court
The plaintiff made a contract with a mechanic to repair her vacant house for $210. By his own mistake he went into the vacant house-of the defendant next door and repaired it instead. He discovered his mistake after the work was done. He then informed the defendant. The work was done without the defendant’s knoxvledge. It was all of -an irremovable character like plastering and painting.
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The plaintiff made a contract with a mechanic to repair her vacant house for $210. By his own mistake he went into the vacant house-of the defendant next door and repaired it instead. He discovered his mistake after the work was done. He then informed the defendant. The work was done without the defendant’s knoxvledge. It was all of -an irremovable character like plastering and painting. The defendant looked over the work, and disclaimed responsibility, but finally had the contractor reduce his bill to $194 and orally .promised to pay him that sum. The work was of that value. The defendant’s…
1Opinion of the Court
Gaynor, J.:
The defendant was under no legal obligation to ,pay for the work. ISTor is there any question of acceptance as of a chattel, for there was nothing capable of being rejected or taken ■away. Did, then, his promise bind him? Lord Mansfield with his keen perception, broad mind, and aversion to alleged rules of law resting on misunderstood or inadvertent remarks of judges, instead <of on foundations of reason and justice, said in Hawkes v. Saunders (Cowp. 289), that “ Where a man is under a moral obligation, which no court of law or equity can enforce, and promises, the honesty and…
2Cases cited6 opinions
- Cook v. BradleySupreme Court of Connecticut · 1828
- Edwards v. DavisNew York Supreme Court · 1819
- Parker v. CarterSupreme Court of Virginia · 1814
- Frear v. HardenberghNew York Supreme Court · 1810
- Goulding v. . DavidsonNew York Court of Appeals · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Park Falls State Bank v. FordyceWisconsin Supreme Court · 1932
- Edson v. PoppeSouth Dakota Supreme Court · 1910
- Webb v. McGowinAlabama Court of Appeals · 1935