Stebbins v. Peck

Massachusetts Supreme Judicial Court

Stebbins v. Peck

74 Mass. 553

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1857

StatusPublished

This text of 74 Mass. 553 (Stebbins v. Peck) 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

Stebbins v. Peck, 74 Mass. 553 (Mass. 1857).

Pincite

Opinion

Dewey, J.

This case is not affected by the Rev. Sts. c. 50, forbidding unnecessary labor on the Lord’s day; for the defendant entered on the land subsequently to the Lord’s day, on which the contract was made, and by such subsequent entry and continued occupation created a new liability if no legal contract existed previously. It was either a ratification and adoption of a previous inoperative contract, or was the foundation of a new implied provision to pay for the use of the land what the same was reasonably worth. In either aspect the

Exceptions must be overruled.

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Dewey, J.

This case is not affected by the Rev. Sts. c. 50, forbidding unnecessary labor on the Lord’s day; for the defendant entered on the land subsequently to the Lord’s day, on which the contract was made, and by such subsequent entry and continued occupation created a new liability if no legal contract existed previously. It was either a ratification and adoption of a previous inoperative contract, or was the foundation of a new implied provision to pay for the use of the land what the same was reasonably worth. In either aspect the

Exceptions must be overruled.

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Bluebook (online)

74 Mass. 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stebbins-v-peck-mass-1857.