Drake v. Bell
New York Supreme Court
Action by Josephine G. Drake against Edward C. Bell. Judgment for plaintiff. The plaintiff made a contract with a mechanic to repair her vacant house for $210. By his own mistake he went into the vacant house of the defendant next door and repaired it instead. He discovered his mistake after the work was done. He then informed the defendant. The work was done without the defendant’s knowledge. It was all of an irremovable character like plastering and painting.
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Action by Josephine G. Drake against Edward C. Bell. Judgment for plaintiff. The plaintiff made a contract with a mechanic to repair her vacant house for $210. By his own mistake he went into the vacant house of the defendant next door and repaired it instead. He discovered his mistake after the work was done. He then informed the defendant. The work was done without the defendant’s knowledge. It was all of an irremovable character like plastering and painting. The defendant looked over the work, and disclaimed responsibility, but Anally had the contractor reduce his bill to $194 and orally…
1Opinion of the CourtGaynor, J.
The defendant was under no legal obligation to pay for the work. Yor is there any question of acceptance as of a chattel, for there was nothing capable of -being rejected or taken away. Did. then, his promise bind him? Lord Mansfield with his keen perception, broad mind, and aversion to alleged rules of law resting on *946misunderstood or inadvertent remarks of judges, instead of on foundations of reason and justice, said in Hawlces v. Saunders, Cowp. 289. that:
“Where a man is under a moral obligation, which no court of law or equity can enforce, and promises, the honesty and rectitude of the…
2Cases cited6 opinions
- Cook v. BradleySupreme Court of Connecticut · 1828
- Edwards v. DavisNew York Supreme Court · 1819
- Parker v. CarterSupreme Court of Virginia · 1814
- Frear v. HardenberghNew York Supreme Court · 1810
- Goulding v. . DavidsonNew York Court of Appeals · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Doney v. LaughlinIndiana Court of Appeals · 1911
- Park Falls State Bank v. FordyceWisconsin Supreme Court · 1932
- Edson v. PoppeSouth Dakota Supreme Court · 1910
- Webb v. McGowinAlabama Court of Appeals · 1935