Chamberlin v. Whitford
Massachusetts Supreme Judicial Court
Contract. The first count of the declaration alleged that the plaintiff bargained with the defendants for the use of his horse to cover their mare; that the horse covered the mare ; and that the defendants owed the plaintiff $12. The second count was on an account annexed, the only item in which was for services of the plaintiff’s horse to cover the defendants’ mare.
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Contract. The first count of the declaration alleged that the plaintiff bargained with the defendants for the use of his horse to cover their mare; that the horse covered the mare ; and that the defendants owed the plaintiff $12. The second count was on an account annexed, the only item in which was for services of the plaintiff’s horse to cover the defendants’ mare. At the trial in the superior court, before Reed, J., the plaintiff contended that there was evidence that each of the defendants promised, after the services were performed, that, if they had been performed, they should be paid…
1Opinion of the CourtAmes, J.
At the trial, the jury were instructed that they vould find for the plaintiff only upon one count; and, as the record stands, their verdict is to be considered as given upon the second count. It is therefore unnecessary to consider the propriety of any instructions which were applicable peculiarly to the first. In regard to the second, the instructions actually given were certainly much less favorable to the defendants than they had a right to ask. “ If the plaintiff’s act was voluntary, offi*450cions, unsolicited, unknown to the defendants at the time, and not necessarily beneficial, it created…
2Cases cited1 opinion
- Augustus v. SeaboltCourt of Appeals of Kentucky · 1860
3Cited by8 opinions
- Massachusetts Mutual Life Insurance v. GreenMassachusetts Supreme Judicial Court · 1904
- Field v. HammMassachusetts Supreme Judicial Court · 1926
- Conant v. EvansMassachusetts Supreme Judicial Court · 1909
- Henry W. Savage, Inc. v. FriedbergMassachusetts Supreme Judicial Court · 1948
- Moore v. ElmerMassachusetts Supreme Judicial Court · 1901
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