Davis v. Galloupe
Massachusetts Supreme Judicial Court
Contract by Charles Davis and George W. Goodrich, on an account annexed. The defendant admitted his liability on all the items, except on one of “ Cash paid for patterns, $170.35.” At the trial in the Superior Court, before Dewey, J., it appeared that the plaintiffs furnished the granite for the defendant’s building under the following contract, signed by the parties; 51 This agreement, made the twenty-second day of May 1869, by and between Charles W. Galloupe, of the first…
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Contract by Charles Davis and George W. Goodrich, on an account annexed. The defendant admitted his liability on all the items, except on one of “ Cash paid for patterns, $170.35.” At the trial in the Superior Court, before Dewey, J., it appeared that the plaintiffs furnished the granite for the defendant’s building under the following contract, signed by the parties; 51 This agreement, made the twenty-second day of May 1869, by and between Charles W. Galloupe, of the first part, and Davis and Goodrich, granite dealers, of the second part, witnesseth, that whereas, the party of the first part…
1Opinion of the CourtChapman, C. J.
By the express terms of the contract set forth, the plaintiffs were to furnish the granite mentioned according to the plans and specifications furnished by the architect named, as fast as he might require, and all the fitting and rebating necessary, and were to do it for the sum named. The defendant was to pay the price specified, on the terms and conditions expressed, but did not agree to furnish any patterns. It appears that it was necessary to have such patterns; but this was necessary as an incident to the performance of their work by the plaintiffs according to their contract, in the…
2Cases cited1 opinion
- Potter v. SmithMassachusetts Supreme Judicial Court · 1869
3Cited by6 opinions
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- Bardwell v. ZieglerWashington Supreme Court · 1891
- Marshall v. PerrySupreme Judicial Court of Maine · 1877
- Cummings v. BlanchardSupreme Court of New Hampshire · 1892
- Norton v. University of MaineSupreme Judicial Court of Maine · 1910
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