Worthington v. Plymouth County Railroad
Massachusetts Supreme Judicial Court
Contract, on a written agreement, and on an account annexed, to recover for services rendered as an engineer in laying out and locating the defendant’s railroad, and in preparing the plans required for its construction.
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Contract, on a written agreement, and on an account annexed, to recover for services rendered as an engineer in laying out and locating the defendant’s railroad, and in preparing the plans required for its construction. The first count of the declaration alleged that, on February 11,1895, the defendant entered into a written contract with the plaintiff for certain engineering work; that, in accordance with the terms thereof, the plaintiff made the surveys necessary to fix and determine the location of the defendant’s road, and made the permanent location plans, and in all other respects…
1Opinion of the CourtBarker, J.
The ruling that no suit could be commenced and no recovery be had upon the written contract until the completion of the railroad, or, if the road was not built, until the defendant’s charter expired, was properly refused. The plaintiff agreed to do all the engineering work required in laying out, locating, and determining the permanent location of the railroad, and in the preparation of plans required for the location, and also to do all engineering work and superintendence required to lay out, build, and construct the road-bed, track sidings, bridges, stations, platforms, and other work…
2Cases cited2 opinions
- Burke v. KaleyMassachusetts Supreme Judicial Court · 1885
- Bliss v. JohnsonMassachusetts Supreme Judicial Court · 1894
3Cited by2 opinions
- Marcy v. Shelburne Falls & Colrain Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Dickey v. Trustees of the Putnam Free SchoolMassachusetts Supreme Judicial Court · 1908