White v. Abbott
Massachusetts Supreme Judicial Court
Contract upon a contract in writing, described in the opinion, where the only material article, the fifth, is quoted. Writ in the Municipal Court of the City of Boston dated September 18, 1902. On appeal to the Superior Court the case was heard by Mason, C. J., without a jury, upon an auditor’s report and oral evidence.
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Contract upon a contract in writing, described in the opinion, where the only material article, the fifth, is quoted. Writ in the Municipal Court of the City of Boston dated September 18, 1902. On appeal to the Superior Court the case was heard by Mason, C. J., without a jury, upon an auditor’s report and oral evidence. The judge refused to make certain rulings requested by the plaintiff and found and ruled as follows: “ The court finds that the architect and the defendant acted in good faith without fraud, in all that pertained to the presentation of the defendant’s claim,, auditing and…
1Opinion of the CourtKnowlton, C. J.
The defendant was the original contractor for the construction of a large building, and in the subcontract hereafter described is called “ the owner.” W. L. Clark and Company, as subcontractors, agreed with him to do the mason work for the sum of $73,000, under the direction and superintendence of one Safford as architect. The fifth article of this subcontract is as follows: “ Should the contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work with promptness and diligence,…
2Cases cited11 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Mittenthal v. MascagniMassachusetts Supreme Judicial Court · 1903
- Norcross v. WymanMassachusetts Supreme Judicial Court · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
- Rosenblum v. Springfield Produce Brokerage Co.Massachusetts Supreme Judicial Court · 1922
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