Miles v. Driscoll

87 N.E. 579, 201 Mass. 318, 1909 Mass. LEXIS 735
CourtMassachusetts Supreme Judicial Court
DecidedFebruary 27, 1909
StatusPublished
Cited by3 cases

This text of 87 N.E. 579 (Miles v. Driscoll) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miles v. Driscoll, 87 N.E. 579, 201 Mass. 318, 1909 Mass. LEXIS 735 (Mass. 1909).

Opinion

Hammond, J.

The declaration sets out that the plaintiffs “ desired greater security for their account than the credit of ” Crockwell, with whom they had made a contract to supply the inside finish and flooring for the defendant’s house. They were still to hold Crockwell. There was no novation, as in cases like Griffin v. Cunningham, 183 Mass. 505. The real contract, therefore, set out in the declaration was an oral contract to pay the debt of another, and was within the statute of frauds. O' Connell v. Mount Holyoke College, 174 Mass. 511, and cases cited.

Judgment affirmed.

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Related

Werner Construction Co. v. Dorchester Savings Bank
45 Mass. App. Dec. 115 (Mass. Dist. Ct., App. Div., 1970)
Pope & Cottle Co. v. Wheelwright
133 N.E. 106 (Massachusetts Supreme Judicial Court, 1921)
Ribock v. Canner
105 N.E. 462 (Massachusetts Supreme Judicial Court, 1914)

Cite This Page — Counsel Stack

Bluebook (online)
87 N.E. 579, 201 Mass. 318, 1909 Mass. LEXIS 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miles-v-driscoll-mass-1909.