Pickering v. Greenwood
Massachusetts Supreme Judicial Court
Contract to recover $2000 upon a written agreement, by which the plaintiff contracted with the defendant for that sum to “ fit up with granite a burying lot in Reading Cemetery ” according to certain specifications, “ all of said work to be done except the urns on or before December 1, 1871.” The declaration contained also a count for work done and materials furnished.
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Contract to recover $2000 upon a written agreement, by which the plaintiff contracted with the defendant for that sum to “ fit up with granite a burying lot in Reading Cemetery ” according to certain specifications, “ all of said work to be done except the urns on or before December 1, 1871.” The declaration contained also a count for work done and materials furnished. At the trial in this court, before Colt, J., the plaintiff offered evidence tending to show an oral extension of the time mentioned in the contract for doing all the work except the urns, and the defendant offered evidence…
1Opinion of the CourtEndicott, J.
The written contract on which this action id brought contains the express provision that all the work agreed to be done upon the defendant’s lot in Reading Cemetery was to be completed, except the urns, on or before December 1, 1871. It was not done at that time; there was no offer to do it until May, 1872; it does not appear that any work was ever done on the lot by the plaintiff; and the jury found that there was no extension of the time beyond December 1.
The time being stated in the contract when the work should be finished, it was of the essence of the contract, and the work must be…
2Cited by8 opinions
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- Edgerton v. TaylorSupreme Court of North Carolina · 1922
- Corinthian Lodge v. . SmithSupreme Court of North Carolina · 1908
- New England Concrete Construction Co. v. Shepard & Morse Lumber Co.Massachusetts Supreme Judicial Court · 1915
- Edgerton v. . TaylorSupreme Court of North Carolina · 1922
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