Legal Opinion

Cleary v. Sohier

Massachusetts Supreme Judicial Court

Decided April 5, 1876PublishedCited by 19 opinions

Contract on an account annexed to recover $474, with inter est, for work done and materials furnished. The case was submitted to the Superior Court, and to this court on appeal, upon an agreed statement of facts in substance as follows: The plaintiff made an oral contract with Henry Famum, of whose estate the defendants are trustees, to lath and plaster a certain building on Federal Street for the sum of forty cents per square yard.

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Contract on an account annexed to recover $474, with inter est, for work done and materials furnished. The case was submitted to the Superior Court, and to this court on appeal, upon an agreed statement of facts in substance as follows: The plaintiff made an oral contract with Henry Famum, of whose estate the defendants are trustees, to lath and plaster a certain building on Federal Street for the sum of forty cents per square yard. No agreement was made, and nothing was said, as to terms or times of payment, but only that the work was to be done for forty cents per yard. The plaintiff lathed…

1Opinion of the Court

By the Court.

The building having been destroyed by fire without fault of the plaintiff, so that he could not complete his contract, he may recover under a count for work done and materials furnished. Lord v. Wheeler, 1 Gray, 282. Wells v. Calnan, 107 Mass. 514, 517. Judgment for the plaintiff.

2Cases cited1 opinion

  1. Wells v. CalnanMassachusetts Supreme Judicial Court · 1871

3Cited by19 opinions

  1. Dolan v. . RodgersNew York Court of Appeals · 1896
  2. Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
  3. Vickery v. RitchieMassachusetts Supreme Judicial Court · 1909
  4. Apahouser Lock & Security Corp. v. CarvelliMassachusetts Appeals Court · 1988
  5. Haynes, Spencer & Co. v. Second Baptist ChurchSupreme Court of Missouri · 1885

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