Simonds v. Heard
Massachusetts Supreme Judicial Court
This was assumpsit upon a contract in writing, dated May 4th, 1837, between the plaintiffs and the defendants, for the construction of the abutments of a bridge by the plaintiffs.
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This was assumpsit upon a contract in writing, dated May 4th, 1837, between the plaintiffs and the defendants, for the construction of the abutments of a bridge by the plaintiffs. The trial was before Dewey J. The introductory part of the contract was in the following words : “ Agreement between Horace Heard, Eli Sherman and Newell Heard, [the defendants,] committee of the town of Wayland, on the one part, and William Simonds and John Chaplin, [the plaintiffs,] on the other part; ” and after a specific description of the work to be done, the contract proceeded as follows : “ Said Simonds and…
1Opinion of the Court
Shaw C. J.
afterward drew up the opinion of the Court. Two points were made for the defendants in the present case ; first, that the defendants, having acted as a committee of the town of Wayland, in making the contract with the plaintiffs, *124and that, in relation to the erection of a bridge, in which they had no personal concern, but which was the concern of the town, and being duly authorized by the town to act in their behalf, were not personably liable to an action on the contract ; and secondly, that the work had not been executed according to the contract.
The latter was submitted to the…
2Cases cited6 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Hodgson v. DexterSupreme Court of the United States · 1803
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- Barker v. Mechanic Fire InsuranceNew York Supreme Court · 1829
- Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McGuigan v. ConteDistrict Court, D. Massachusetts · 2009
- McNally v. MokarzelSupreme Judicial Court of Maine · 1978
- Hurton v. PuorroMassachusetts Superior Court · 2006