Eastern Expanded Metal Co. v. Webb Granite & Construction Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OE contract. Writs in the Supreme Judicial Court for the county of Suffolk dated respectively May 3, 1898, and July 18, 1898. The Eastern Expanded Metal Company will hereinafter be called the plaintiff, and the Webb Granite and Construction Company the defendant.
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Two ACTIONS OE contract. Writs in the Supreme Judicial Court for the county of Suffolk dated respectively May 3, 1898, and July 18, 1898. The Eastern Expanded Metal Company will hereinafter be called the plaintiff, and the Webb Granite and Construction Company the defendant. The first action is on a quantum meruit for labor and materials furnished in the erection of the Hotel Somerset in Boston, and the answer alleged that the labor and materials were furnished under an entire and indivisible contract in writing which the plaintiff had refused to perform completely and had broken in other…
1Opinion of the CourtKnowlton, C. J.
These are cross actions growing out of the furnishing of labor and materials by the plaintiff in the first action, hereinafter called the plaintiff, for the defendant, in that action, which is hereinafter called the defendant, in the erection of the Hotel Somerset on Commonwealth Avenue in Boston. The first suit was brought upon an account annexed, and the second is for a breach of a contract in writing under which the work was done. This contract called for the construction by the plaintiff of the steel frame, the floors, the roof and some other parts of the building, “ in conformity with…
2Cases cited18 opinions
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Spring Co. v. KnowltonSupreme Court of the United States · 1881
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Block v. DarlingSupreme Court of the United States · 1891
- Bowditch v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1886
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3Cited by26 opinions
- Vickery v. RitchieMassachusetts Supreme Judicial Court · 1909
- Tocci v. LemboMassachusetts Supreme Judicial Court · 1950
- Duane v. Merchants Legal Stamp Co.Massachusetts Supreme Judicial Court · 1918
- Cadillac Automobile Co. of Boston v. EngeianMassachusetts Supreme Judicial Court · 1959
- Norcross Bros. v. VoseMassachusetts Supreme Judicial Court · 1908
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