Swartzman v. Babcock
Massachusetts Supreme Judicial Court
Contract, with a declaration in two counts, the first count being upon orders of one Jacob Luff upon the defendant, hereinafter described, and the second count being upon an account annexed for $375, "balance of amount due for material, and labor for painting.” Writ in the Municipal Court of the City of Boston dated April 1, 1912. On appeal to the Superior Court, the case was tried before Aiken, C. J. It appeared that the plaintiffs were partners.
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Contract, with a declaration in two counts, the first count being upon orders of one Jacob Luff upon the defendant, hereinafter described, and the second count being upon an account annexed for $375, "balance of amount due for material, and labor for painting.” Writ in the Municipal Court of the City of Boston dated April 1, 1912. On appeal to the Superior Court, the case was tried before Aiken, C. J. It appeared that the plaintiffs were partners. One of them testified that Jacob Luff, a builder, sought to make an agreement with them for the painting and paper-hanging of apartment houses in…
1Opinion of the CourtLoriktg, J.
The plaintiffs in this case, who were painters, had undertaken to do the work of painting involved in the construction of certain houses which were being erected by one Jacob Luff. The defendant had agreed to advance money to Luff under a construction mortgage and had accepted orders from Luff for the payment of certain sums to the plaintiffs, payable at the completion payment and the thirty-third day after completion payment of some or all of the houses. It is stated in the report that “ about a week before the twelfth of February, 1912, the plaintiffs called at the office of the defendant…
2Cases cited3 opinions
- Abbott v. DoaneMassachusetts Supreme Judicial Court · 1895
- Paul v. WilburMassachusetts Supreme Judicial Court · 1905
- Vanuxem v. BurrMassachusetts Supreme Judicial Court · 1890
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