Bergin v. Williams
Massachusetts Supreme Judicial Court
Contract, against the archbishop of the diocese of Boston, for work done and materials found by the plaintiff in the erection of a Roman Catholic Church in East Cambridge, under a contract with one O’Brien, who was the parish priest. At the trial in the Superior Court, before Aldrich, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
The ruling of the court, to the effect that, if the jury found that an oral contract was first made by the plaintiff and O’Brien, and, before any material part of it had been performed, it was reduced to the written contract referred to, the oral would be merged in the written contract, was right. It was immaterial whether the defendant was or was not liable as principal upon the oral contract. The parties to it had a right to supersede it by a written contract, and, if they did so, the oral may be said to have been merged in the written contract.
The written contract was not void for…
2Cited by4 opinions
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- Derby Desk Co. v. Conners Bros. Construction Co.Massachusetts Supreme Judicial Court · 1910
- Kinney v. McNabbCourt of Appeals for the D.C. Circuit · 1916
- Kroeger v. Union Indemnity Co.Arizona Supreme Court · 1932