Norcross Bros. v. Vose
Massachusetts Supreme Judicial Court
Contract to recover a balance of $17,994.14 alleged to be due under a contract in writing for the construction of a six story brick factory building on land of the defendant on Massachusetts Avenue at the corner of Magazine Street in Boston, with a second count upon an account annexed for the same sum of money.
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Contract to recover a balance of $17,994.14 alleged to be due under a contract in writing for the construction of a six story brick factory building on land of the defendant on Massachusetts Avenue at the corner of Magazine Street in Boston, with a second count upon an account annexed for the same sum of money. Writ in the Supreme Judicial Court dated January 19, 1904. The defendant filed an answer containing a general denial and matter in recoupment, and also filed a declaration in set-off. The contract declared on was as follows: “ This Agreement, made the thirtieth day of January in the…
1Opinion of the CourtBraley, J.
This is an action brought to recover a balance claimed to be due for the erection of a building, to be used in the defendant’s business as a manufacturer of pianos. The auditor to whom the case was referred having reported, that with the exception of the item for drafting plans, the plaintiff was entitled to the amount shown by the declaration, less certain deductions for defective work and materials and for failure to *92finish the building within the time named in the contract, it relied unreservedly upon the report, and, not having introduced evidence to control or vary the findings, they…
2Cases cited21 opinions
- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
- Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Lewis v. Brotherhood Accident Co.Massachusetts Supreme Judicial Court · 1907
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- Hood v. HartshornMassachusetts Supreme Judicial Court · 1868
16 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. SlorahSupreme Judicial Court of Maine · 1919
- Bauer v. International Waste Co.Massachusetts Supreme Judicial Court · 1909
- Space Master International, Inc. v. City of WorcesterCourt of Appeals for the First Circuit · 1991
- Louise Caroline Nursing Home, Inc. v. Dix Construction Corp.Massachusetts Supreme Judicial Court · 1972
- Sanford v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1944
20 more not listed; retrieve them via the Exa API.