Legal Opinion

Calvert v. Aldrich

Massachusetts Supreme Judicial Court

Decided January 15, 1868PublishedCited by 16 opinions

Contract. The defendant filed a declaration in set-off on an account annexed for two fifths of the cost of repairs of a machine shop in Lowell; and the only question in dispute ic the case was. the liability of the plaintiff for any portion of such cost.

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Contract. The defendant filed a declaration in set-off on an account annexed for two fifths of the cost of repairs of a machine shop in Lowell; and the only question in dispute ic the case was. the liability of the plaintiff for any portion of such cost. At the trial in the superior court, before Reed, J., these facts appeared: Calvert and Aldrich owned the machine shop and the machinery therein in the proportion of two fifths and three fifths respectively, as tenants in common; and Aldrich, having agreed to pay to Calvert a yearly rent for such occupation of Calvert’s two fifths, was in…

1Opinion of the CourtFoster, J.

The issue in this action is on an account of one cotenant in common against another to recover from the defendant in set-off part of the cost of certain needful repairs made by the plaintiff in set-off upon the common property. It is not founded upon any contract between the parties, but upon a supposed legal obligation which, if its existence were established, the law would imply a promise to fulfil.

The doctrine of the common law on this subject is stated by Lord Coke as follows: “ If two tenants in common or joint tenants be of an house or mill, and it fall in decay, and the one is willing…

2Cases cited3 opinions

  1. Loring v. BaconMassachusetts Supreme Judicial Court · 1808
  2. Carver v. MillerMassachusetts Supreme Judicial Court · 1808
  3. Converse v. FerreMassachusetts Supreme Judicial Court · 1814

3Cited by16 opinions

  1. Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
  2. Ward v. Ward's HeirsWest Virginia Supreme Court · 1895
  3. Morgan v. FarrelSupreme Court of Connecticut · 1890
  4. Adams v. MarshallMassachusetts Supreme Judicial Court · 1885
  5. Welland v. WilliamsNevada Supreme Court · 1892

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