Dickey v. Willis
Massachusetts Supreme Judicial Court
Tort, with two counts. The first count alleged that the defendant Willis falsely and fraudulently represented that he was the owner of a certain parcel of land in the town of Brookline, that Willis made a contract in writing with certain building contractors, doing business under the name of McFarlan and Company, for the erection of a house on such land, that the plaintiff as a subcontractor, believing that Willis was the owner of the land, furnished certain materials for…
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Tort, with two counts. The first count alleged that the defendant Willis falsely and fraudulently represented that he was the owner of a certain parcel of land in the town of Brookline, that Willis made a contract in writing with certain building contractors, doing business under the name of McFarlan and Company, for the erection of a house on such land, that the plaintiff as a subcontractor, believing that Willis was the owner of the land, furnished certain materials for such house, for which the plaintiff failed to establish a lien by reason of such belief, which caused bim to give notice…
1Opinion of the CourtRugg, C. J.
This is an action of tort against two defendants. The declaration contains two counts, one setting forth certain acts performed by one defendant, and the other, acts performed by the other defendant. But there is no allegation of conspiracy or concert between them. There is nothing which fairly can be construed as an averment of joint actions or conduct which would constitute them joint tortfeasors. The acts alleged to have been performed by each defendant are different and they are not alleged to have been part of a common design. Two persons cannot be joined as defendants in an action of…
2Cases cited2 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Fletcher v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
3Cited by10 opinions
- Leahy v. Standard Oil Co.Massachusetts Supreme Judicial Court · 1916
- Bost v. . MetcalfeSupreme Court of North Carolina · 1941
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1914
- Popkin v. GoldmanMassachusetts Supreme Judicial Court · 1929
- Bonneviere v. ColeWashington Supreme Court · 1916
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