Lynch v. Culhane
Massachusetts Supreme Judicial Court
Contract, with a declaration as amended in six counts, for breaches of a contract in writing under which the plaintiff was to construct a dwelling house upon land of the defendant, and upon a quantum meruit for work done and materials furnished in such work. The counts that are material are described in the opinion.
Read the full summary
Contract, with a declaration as amended in six counts, for breaches of a contract in writing under which the plaintiff was to construct a dwelling house upon land of the defendant, and upon a quantum meruit for work done and materials furnished in such work. The counts that are material are described in the opinion. Writ dated February 15, 1918. In the Superior Court, the action was- tried before Quinn, J. Exceptions by the defendant relate to the charge to the jury and are described in the opinion. The jury found generally for the plaintiff in the sum of $1,900. Upon the return of the…
1Opinion of the CourtPierce, J.
This is an action to recover on the first count a certain instalment of money which the defendant agreed under a written building contract to pay the plaintiff “when building was finished on outside and all inspected for lathing.” Under a “third count” the plaintiff sought to recover under a separate special contract an agreed sum of money for work performed in substitution of and in addition to the work called for under the principal contract. Under a “fifth count” the plaintiff sought to recover damages by him sustained by reason of the unreasonable determination of the principal contract…
2Cases cited12 opinions
- United States v. BehanSupreme Court of the United States · 1884
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bucholz v. Green Bros. Co.Massachusetts Supreme Judicial Court · 1930
- Air Technology Corp. v. General Electric Co.Massachusetts Supreme Judicial Court · 1964
- Andre v. MaguireMassachusetts Supreme Judicial Court · 1940
- Glazer v. SchwartzMassachusetts Supreme Judicial Court · 1931
- Russo v. Charles I. Hosmer, Inc.Massachusetts Supreme Judicial Court · 1942
13 more not listed; retrieve them via the Exa API.