Nowell v. Chipman
Massachusetts Supreme Judicial Court
. Contract, to recover $556, upon an account annexed, for stone furnished by the plaintiff and used by the defendant in the construction of a dwelling-house in Chelsea. Trial in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance as follows. The plaintiff contended that the stone furnished was at the request and on the account of the defendant.
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. Contract, to recover $556, upon an account annexed, for stone furnished by the plaintiff and used by the defendant in the construction of a dwelling-house in Chelsea. Trial in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance as follows. The plaintiff contended that the stone furnished was at the request and on the account of the defendant. The defendant contended that the stone was furnished at the request and on the account of one Gibson, who-had a contract with the defendant to build the foundations in which the stone was used, and which contract…
1Opinion of the CourtMorton, J.
There were two aspects in which this case may have gone to the jury. One was that the defendant herself ordered the stone of the plaintiff, and promised to pay him therefor; the other was that she contracted for it through Taylor and Gibson. In the latter aspect of the case it was necessary to show that Taylor and Gibson were her duly au*344thorized agents. This, of course, could not be shown by their declarations to that effect. But, as one step in establishing the defendant’s liability in this aspect of the case, it was necessary to show that in what they said and did, they purported to act for…
2Cited by10 opinions
- Attleboro Mfg. Co. v. Frankfort Marine, Accident & Plate Glass Ins.Court of Appeals for the First Circuit · 1917
- Henderson v. ColemanWyoming Supreme Court · 1911
- Lemcke v. Funk & Co.Washington Supreme Court · 1914
- Anthony & Cowell Co. v. BrownMassachusetts Supreme Judicial Court · 1913
- Wilson v. DavisonMassachusetts Supreme Judicial Court · 1922
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