Samuel Greenberg v. Mayer G. Weisman & another, 345 Mass. 700

Summary

The subcontractor had an oral contract with a general contractor to do the painting work called for by a contract between the general contractor and the homeowner for the construction of a house. After completing certain work, the subcontractor was never paid by the general contractor. The evidence indicated that the subcontractor thereafter entered into an oral agreement with the homeowner, whereby he agreed to continue working on the house in return for direct payment from the homeowner. The subcontractor received no subsequent payment from the homeowner, who later hired another general contractor to replace the prior one. The subcontractor filed an action against the homeowner and his wife for payment for his services. The superior court directed a verdict in favor of the subcontractor. The court overruled the exceptions filed by the homeowner on the basis that the jury could have found that the homeowner and the subcontractor made the new contract under which the homeowner was to ...