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Contracts Keyed to Whaley
Day v. Caton
Citation:
119 Mass. 513 (1876).Facts
Plaintiff built a wall, placing one half on his land and the other half on land owned by Defendant. Plaintiff testified that there was an express agreement that Defendant would pay him once the wall was complete. Defendant denied this, and testified that he never had any conversation with Plaintiff about the wall. Defendant, on appeal, requested the judge rule that (j) Plaintiff can recover only upon an express agreement and (ii) even if there was no express agreement, Defendant’s silence did not give rise to an implied promise to pay.
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