217 Mass. 13 | Mass. | 1914
The plaintiff seeks to recover from the defendant for plumbing work. It is undisputed that $165 of the bill is for bathroom fixtures that were supplied in 1903 under an express contract with the defendant’s husband, and were installed in the
Clearly the defendant was not liable under the original contract. O’Conner v. Hurley, 147 Mass. 145. And the plaintiff cannot avail himself of the doctrine of an implied promise to pay, such as may be inferred where a husband as his wife’s agent procures valuable materials and services for her real estate. Cases like Reid v. Miller, 205 Mass. 80, cited by the plaintiff have no application under the facts shown here.
There was some evidence that after her husband’s death the defendant said she would pay the plaintiff’s bill. But as she was not legally liable for the original debt, such subsequent promise to pay it cannot be enforced against her. As she contends, it was without consideration, and, further, being an oral promise to pay the debt of another, it falls within the defense of the statute of frauds. Massachusetts Mutual Life Ins. Co. v. Green, 185 Mass. 306. R. L. c. 74. O’Connell v. Mount Holyolce College, 174 Mass. 511. The entry must be
Exceptions overruled.