Jones v. Town of Marlborough
Supreme Court of Connecticut
Action to recover for work and labor in repairing certain highways of the defendant town, brought originally before' a justice of the peace and thence by the defendant’s appeal to the Court of Common Pleas in Hartford County and tried to the court, Peck, J.; facts found and judgment rendered for the plaintiff for $15, and appeal by the defendant for alleged errors in the rulings of the court.
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Action to recover for work and labor in repairing certain highways of the defendant town, brought originally before' a justice of the peace and thence by the defendant’s appeal to the Court of Common Pleas in Hartford County and tried to the court, Peck, J.; facts found and judgment rendered for the plaintiff for $15, and appeal by the defendant for alleged errors in the rulings of the court. The first count was for $22.50 due in 1897 on a contract made October 14th, 1893, to maintain and repair certain sections of the defendant’s highways for five years, for $45 a year. A special defense was…
1Opinion of the CourtBaldwin, J.
It was a material allegation of the second count that the plaintiff’s services were rendered at the defendant’s request. The only proof of such a request, or of circumstances from which it could be implied, was the town vote and the arrangement which the parties entered into, under its provisions. No written contract was executed between the parties, except a bond, but that recited the fact that the plaintiff had, on the day of its date, which was also that of the town vote, contracted with the town to repair ^and maintain certain specified sections of its highways, in accordance with the…
2Cases cited1 opinion
- Pinches v. Swedish Evangelical Lutheran ChurchSupreme Court of Connecticut · 1887
3Cited by5 opinions
- M. J. Daly & Sons, Inc. v. New Haven Hotel Co.Supreme Court of Connecticut · 1917
- Kelley v. HanceSupreme Court of Connecticut · 1928
- Vito v. Town of SimsburySupreme Court of Connecticut · 1913
- United States ex rel. Hudson River Stone Supply Co. v. MolloyCourt of Appeals for the Second Circuit · 1906
- Leverty & Hurley Co. v. City of DanburyConnecticut Superior Court · 1939