Legal Opinion
Duca v. Lord
Massachusetts Supreme Judicial Court
Decided January 15, 1954PublishedCited by 8 opinions
1Opinion of the CourtSpalding, J.
This is an action of contract to recover
the fair value of labor and materials allegedly furnished by the plaintiff at the request of the defendant’s testator. The defendant’s answer sets up several defences, but the only one now relied on is that the plaintiff is seeking to recover “upon a special promise to answer for the debt, default or misdoings of another” which, because not in writing, is within the statute of frauds. G. L. (Ter. Ed.) c. 259, § 1, Second. The case was referred to an auditor whose findings of fact were to be final. After the auditor’s report was filed, each party moved…
2Cases cited6 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- LaChance v. RigoliMassachusetts Supreme Judicial Court · 1950
- Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
- Edinburg v. Allen-Squire Co.Massachusetts Supreme Judicial Court · 1938
- Seder v. KozlowskiMassachusetts Supreme Judicial Court · 1939
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
- Webster v. KowalMassachusetts Supreme Judicial Court · 1985
- Delaware Feed Stores v. FIRST AUBURN TRUST COMPANYSupreme Judicial Court of Maine · 1956
- Miranda v. AraujoMassachusetts District Court, Appellate Division · 1987
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
3 more not listed; retrieve them via the Exa API.