Darrow v. Braman
Massachusetts Supreme Judicial Court
Contract, for services as an architect. Writ in the Superior Court for the county of Suffolk dated November 30, 1897. The case was referred to George L. Huntress, Esquire, under the following rule: “ Rule to Referee. “ And now the Parties appear and agree to refer this action to the determination of George L. Huntress, Esq.
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Contract, for services as an architect. Writ in the Superior Court for the county of Suffolk dated November 30, 1897. The case was referred to George L. Huntress, Esquire, under the following rule: “ Rule to Referee. “ And now the Parties appear and agree to refer this action to the determination of George L. Huntress, Esq. “ Report to be filed on or before September 30, 1906, judgment thereon to be final and execution to issue accordingly; and if either party neglects to appear on due notice, then the referee-to proceed ex parte.” In his report, the referee found in substance that the…
1Opinion of the CourtBraley, J.
While this action was pending, the parties agreed to refer the controversy under a rule of court to an *472arbitrator, upon whose report judgment should be. final. The award being in favor of the plaintiff, he is entitled to judgment, unless the defendant’s contention that his oral acceptance of the order was within R. L. c. 74, § 1, cl. 2, is sustained.
If, after the reference and the coming in of the report, the case is treated as still governed by the rules of law which would have controlled had it been tried in court, this defense was not open because not pleaded. R. L. c. 173, § 27. Nor is…
2Cases cited8 opinions
- Friedenwald Co. v. WarrenMassachusetts Supreme Judicial Court · 1907
- Ellicott v. CoffinMassachusetts Supreme Judicial Court · 1871
- Forseth v. ShawMassachusetts Supreme Judicial Court · 1813
- Selectmen of Danvers v. CommonwealthMassachusetts Supreme Judicial Court · 1904
- Electric Supply & Maintenance Co. v. Conway Electric Light & Power Co.Massachusetts Supreme Judicial Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brackett v. CommonwealthMassachusetts Supreme Judicial Court · 1916
- J. F. Fitzgerald Construction Co. v. Southbridge Water Supply Co.Massachusetts Supreme Judicial Court · 1939
- Durfee v. KellyMassachusetts Supreme Judicial Court · 1917
- Taub v. United States Trust Co.Massachusetts Supreme Judicial Court · 1939