Griffin v. Cunningham
Massachusetts Supreme Judicial Court
Contract for the price of lumber, furnished by the plaintiff to one Thomas Griffiths, a contractor, and used in the reconstruction of the defendant’^ house at Onset, the bill for which it was alleged that the defendant upon a written order of Griffiths agreed to pay. Writ in the Municipal Court of the City of Boston dated April 18, 1901. The answer contained a general denial and set up the statute of frauds.
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Contract for the price of lumber, furnished by the plaintiff to one Thomas Griffiths, a contractor, and used in the reconstruction of the defendant’^ house at Onset, the bill for which it was alleged that the defendant upon a written order of Griffiths agreed to pay. Writ in the Municipal Court of the City of Boston dated April 18, 1901. The answer contained a general denial and set up the statute of frauds. On appeal to the Superior Court the case* was tiled before Pierce, J. The plaintiff testified that, after all the lumber which he had furnished had been put into the house, he had several…
1Opinion of the CourtBraley, J.
If the promise made to the plaintiff by the defendant was nothing more than an oral agreement on his part to pay any balance due Griffiths that remained after a settlement of liens for labor, the undertaking was collateral, as the original debt owed by Griffiths to the plaintiff was not extinguished. And as it is not claimed that the defendant derived any benefit from the arrangement, the statute of frauds on which the defendant relies would be a full defence. Curtis v. Brown, 5 Cush. 488. Manley v. Geagan, 105 Mass. 445. O’Connell v. Mount Holyoke College, 174 Mass. 511, 514.
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2Cases cited13 opinions
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
- Borden v. BoardmanMassachusetts Supreme Judicial Court · 1892
- Caswell v. FellowsMassachusetts Supreme Judicial Court · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Larson v. Jeffrey-Nichols Motor Co.Massachusetts Supreme Judicial Court · 1932
- Buttrick Lumber Co. v. CollinsMassachusetts Supreme Judicial Court · 1909
- George Lawley & Son Corp. v. BuffMassachusetts Supreme Judicial Court · 1918
- Harvey v. SquireMassachusetts Supreme Judicial Court · 1914
- Martin v. Leeper Bros. Lumber Co.Supreme Court of Oklahoma · 1915
19 more not listed; retrieve them via the Exa API.