Andrews v. Keith
Massachusetts Supreme Judicial Court
Contract, for boarding a horse. Trial in the Superior Court, before Richardson, J., who reported the case for the determination of this court in substance as follows.
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Contract, for boarding a horse. Trial in the Superior Court, before Richardson, J., who reported the case for the determination of this court in substance as follows. The plaintiff offered evidence tending to show that the defendant, having the rightful possession of the horse, left it on July 23, 1895, in the plaintiff’s stable under an agreement previously made by the defendant, and her promise to pay the plaintiff for its board at the rate of $4.50 per week; that no time for boarding or paying for it was mentioned; and that he was not then told by the defendant or any one for her, that the…
1Opinion of the CourtHolmes, J.
We must assume that the defendant left the horse to be boarded at the plaintiff’s stable at a certain rate per week, and without further agreement or explanation. On that state of facts, of course she could stop her liability at any time, but it does not follow that she could do so as she attempted to do by a simple announcement to that effect, coupled with a refusal to take back the horse. Suppose that she had been the owner of the horse, which, for the decision of the case, we must assume that she may have been, although it seems likely that she was not; and, to make the case simpler,…
2Cases cited3 opinions
- Dale v. BrinckerhoffNew York Court of Common Pleas · 1877
- Stiff v. KeithMassachusetts Supreme Judicial Court · 1887
- Harter v. BlanchardNew York Supreme Court · 1873
3Cited by2 opinions
- Keith v. de BussigneyMassachusetts Supreme Judicial Court · 1901
- Willys-Overland Co. v. EvansSupreme Court of Kansas · 1919