Bailey v. Woods
Superior Court of New Hampshire
Assumpsit. The declaration alleged that the plaintiff’ had built a certain wood-shed for the defendant, at his request, and found materials therefor, in consideration of which he promised the plaintiff to pay him as much money as he reasonably deserved to have therefor, &e. There was also a count in indebitatus assumpsit for work and labor and materials furnished.
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Assumpsit. The declaration alleged that the plaintiff’ had built a certain wood-shed for the defendant, at his request, and found materials therefor, in consideration of which he promised the plaintiff to pay him as much money as he reasonably deserved to have therefor, &e. There was also a count in indebitatus assumpsit for work and labor and materials furnished. The writ'was dated August 23, 1841. Upon the trial, it appeared that in 1840 the plaintiff’ lived upon a farm belonging to the defendant, in Bath, and that in the spring of that year he made a special contract with the defendant to…
1Opinion of the CourtGilchrist, J.
The instructions of the court, as they related in general to the right of the plaintiff to recover upon a quantum meruit for the work done and . material found by him, in erecting the building upon the land of the defendant, were in conformity with what must be regarded as the settled doctrine of law applicable to such cases. That there was a special contract, which prescribed the manner in which the work should be executed, and that there was a deviation from that contract, and a failure on the part of the plaintiff to comply with some of its terms, are facts which do not preclude him from…
2Cases cited1 opinion
- Messer v. SwanSuperior Court of New Hampshire · 1828