Massachusetts Supreme Judicial Court November 15, 1853 (Merrifield v. Parritt)

Metcalf, J.

It was objected, at the trial, that the defendants had not received notice of the exact sums that were due according to the monthly estimates, and that a demand of payment had not been made on them before action brought. This objection was overruled—rightly, we have no doubt— and the defendants, at the argument, waived it. Com. Dig Pleader, C. 75; Punderson v. Shepherd, 8 Pick. 379.