Butterfield v. Byron
Massachusetts Supreme Judicial Court
Contract, brought in the name of the plaintiff for the benefit of certain insurance companies, for breach of a building contract entered into between the plaintiff and the defendant. At the trial in the Superior Court, before Barker, J., there was evidence tending to show the following facts.
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Contract, brought in the name of the plaintiff for the benefit of certain insurance companies, for breach of a building contract entered into between the plaintiff and the defendant. At the trial in the Superior Court, before Barker, J., there was evidence tending to show the following facts. On November 13, 1888, the plaintiff, who owned a parcel of land in the town of Montgomery, on which he intended to build a hotel, and the defendant, who was a builder, entered into the contract in question, which contained the following provisions : “ The said hi. Byron covenants and agrees to and with…
1Opinion of the CourtKnowlton, J.
It is well established law, that, where one contracts to furnish labor and materials, and construct a chattel or build a house on land of another, he will not ordinarily be excused from performance of his contract by the destruction of the chattel or building, without his fault, before the time fixed for the delivery of it. Adams v. Nichols, 19 Pick. 275. Wells v. Calnan, 107 Mass. 514. Dermott v. Jones, 2 Wall. 1. School Trustees of Trenton v. Bennett, 3 Dutcher, 513. Tompkins v. Dudley, 25 N. Y. 272. It is equally well settled, that when work is to be done under a contract on a chattel or…
2Cases cited13 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Dexter v. . NortonNew York Court of Appeals · 1871
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Walker v. TuckerIllinois Supreme Court · 1873
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3Cited by58 opinions
- Dolan v. . RodgersNew York Court of Appeals · 1896
- Chase Precast v. JOHN J. PAONESSA CO., COMMONWEALTHMassachusetts Supreme Judicial Court · 1991
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- Vickery v. RitchieMassachusetts Supreme Judicial Court · 1909
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