Burlingame v. Burlingame
New York Supreme Court
Assumpsit ; tried at the Chenango circuit, in Decem)3er¡ 1824, before Nelson, C. Judge. declaration contained only the general counts in indébitatus assumpsit, for work and labor, &c. If appeared in evidence at the trial, that the defendant agreed with the plaintiff, (an infant) to convey him a cer- . . y . tam piece of land of about, 30 acres, if he served the defeildant faithfully, till 21 years of age.
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Assumpsit ; tried at the Chenango circuit, in Decem)3er¡ 1824, before Nelson, C. Judge. declaration contained only the general counts in indébitatus assumpsit, for work and labor, &c. If appeared in evidence at the trial, that the defendant agreed with the plaintiff, (an infant) to convey him a cer- . . y . tam piece of land of about, 30 acres, if he served the defeildant faithfully, till 21 years of age. That he worked in the defendant’s service till that time, and some years after-wards. For his services while under age, the plaintiff ciaimed the value of the land, the defendant having…
1Opinion of the Court
Curia, per Woodworth, J.
This is an action for labor and services. Part of the services were rendered while the plaintiff was an infant. It appeared that the defendant promised to convey to the plaintiff a piece of land, if he served faithfully until the age of 21 years. It is contended, the father was entitled to maintain the action. He consented that the plaintiff should live with the defendant, who was his grandfather. The understanding of the parties was, that the plaintiff should remain as l'ong as the defendant chose, or until the father recalled him. There was nothing binding as to…
2Cases cited9 opinions
- Linningdale v. LivingstonNew York Supreme Court · 1813
- Jenney v. AldenMassachusetts Supreme Judicial Court · 1815
- Rice v. PeetNew York Supreme Court · 1818
- Morse v. WeltonSupreme Court of Connecticut · 1827
- Robertson v. LynchNew York Supreme Court · 1821
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