Chelmsford Foundry Co. v. Shepard
Massachusetts Supreme Judicial Court
Contract for $4,300 as the balance alleged to be due under a contract, made in June, 1898, for furnishing and setting up the ironwork for a large building of the defendant in Providence, in the State of Ehode Island, in accordance with certain plans prepared by one Pope, the defendant’s architect. Writ dated October 19, 1903. In the Superior Court the case was referred to Burton Payne Gray, Esquire, as auditor.
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Contract for $4,300 as the balance alleged to be due under a contract, made in June, 1898, for furnishing and setting up the ironwork for a large building of the defendant in Providence, in the State of Ehode Island, in accordance with certain plans prepared by one Pope, the defendant’s architect. Writ dated October 19, 1903. In the Superior Court the case was referred to Burton Payne Gray, Esquire, as auditor. He filed, respectively upon the orders of court stated in the opinion, an original report and after-wards first and second supplemental reports. The rulings and orders in regard to the…
1Opinion of the CourtHammond, J.
This was an action of contract to recover for ironwork furnished and set upon a building. The case is before us upon two separate bills of exceptions filed by the defendant, the first arising out of the action of the judge who heard the motions as to the auditor’s report before the trial by jury, and the second arising out of the action of the judge who presided at the trial.
1. As to the first bill of exceptions. After the auditor had made his report the defendant moved that it be recommitted to the auditorwith instructions to hear counsel further and to report further findings of fact…
2Cases cited5 opinions
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
- Stiff v. AshtonMassachusetts Supreme Judicial Court · 1891
- Sullivan v. ArcandMassachusetts Supreme Judicial Court · 1896
- Mason v. MassaMassachusetts Supreme Judicial Court · 1877
- Brigham v. HerrickMassachusetts Supreme Judicial Court · 1899
3Cited by3 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Walsh v. CornwellMassachusetts Supreme Judicial Court · 1930
- Powers v. MacrisMassachusetts Supreme Judicial Court · 1943