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Day v. Caton

Supreme Judicial Court of Massachusetts

119 Mass. 513 (1876)

Relevant factsFree

Day (plaintiff) built a wall on his property's boundary line with Caton's (defendant) adjoining vacant lot, testifying Caton agreed to pay half the wall's value once he used it in future construction; Caton denied ever having such a conversation. A jury found for Day, and Caton appealed the verdict.

IssueFree

Whether a party has impliedly accepted an offer if the party permits the other party to perform a valuable service without objection, knowing that the other party expects payment in return.

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