Norris v. School District No. 1
Supreme Judicial Court of Maine
This was an action of debt. The writ contained several counts, the principal one being founded upon a contract under seal, executed by the plaintiff in favor of the defendants, in which the plaintiff covenanted and agreed to build a school-house according to certain stipulations therein contained. The plaintiff read this contract in evidence, after having called it out of the hands of one of the defendants for that purpose.
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This was an action of debt. The writ contained several counts, the principal one being founded upon a contract under seal, executed by the plaintiff in favor of the defendants, in which the plaintiff covenanted and agreed to build a school-house according to certain stipulations therein contained. The plaintiff read this contract in evidence, after having called it out of the hands of one of the defendants for that purpose. In regard to the acceptance of it by the defendants, there was evidence on both sides, and the jury found that it had never been accepted. It was proved that the defendant…
1Opinion of the Court
Parris J.
delivered the opinion of the Court.
It may now be considered as the settled law that where one party has entered into a special contract to perform work for another and furnish materials, and the work is done and the materials are furnished, but not in the manner stipulated in the contract, yet if the work and materials are of any value and benefit to the other party he is answerable to the amount whereby he is benefited. Hayward v. Leonard, 7 Pick. 181; Cutler v. Close, 5 Carr. & Payne, 337; Roscoe’s ev. 221
In the case at bar it was proved that the defendants, at a legal meeting,…
2Cases cited2 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- Union Cotton Manufactory v. LobdellNew York Supreme Court · 1816
3Cited by11 opinions
- Miller v. RobertsonSupreme Court of the United States · 1924
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
- Waxman v. WilliamsonNew York Court of Appeals · 1931
- Loyal Erectors, Inc. v. Hamilton & Son, Inc.Supreme Judicial Court of Maine · 1973
- Howze v. DewSupreme Court of Alabama · 1890
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