Mullaly v. Holden

Massachusetts Supreme Judicial Court

Mullaly v. Holden

123 Mass. 583, 1878 Mass. LEXIS 207

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 16, 1878

StatusPublished

Cited by4 cases

This text of 123 Mass. 583 (Mullaly v. Holden) 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

Mullaly v. Holden, 123 Mass. 583, 1878 Mass. LEXIS 207 (Mass. 1878).

Pincite

Opinion

By the Court.

A declaration on an agreement within the statute óf frauds need not allege that it was in writing. Price v. Weaver, 13 Gray, 272. The second count is therefore sufficient, and the judgment affirms the cause of action therein stated, since both counts are alleged to be for the same cause. The case may thus be rightly understood by the court, and the question of the sufficiency of the first count is immaterial. Gen. Sts. c. 129, § 34. Dryden v. Dryden, 9 Pick. 546.

Judgment affirmed.

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By the Court.

A declaration on an agreement within the statute óf frauds need not allege that it was in writing. Price v. Weaver, 13 Gray, 272. The second count is therefore sufficient, and the judgment affirms the cause of action therein stated, since both counts are alleged to be for the same cause. The case may thus be rightly understood by the court, and the question of the sufficiency of the first count is immaterial. Gen. Sts. c. 129, § 34. Dryden v. Dryden, 9 Pick. 546.

Judgment affirmed.

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Bluebook (online)

123 Mass. 583, 1878 Mass. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mullaly-v-holden-mass-1878.

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