Miles v. Driscoll
Cases that cite this one
2 later published cases cite this decision.
- Werner Construction Co. v. Dorchester Savings Bank (Mass. Dist. Ct., App. Div. 1970)
- Ribock v. Canner (Mass. 1914)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.