Newmarket Manufacturing Co. v. Coon
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, against the executor of the will of J ames H. Coon, to recover the value of certain building stone. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows. The plaintiff made a contract with the firm of Currier and Kilham to erect a mill for it upon its land, and that firm made a sub-contract with the defendant’s testator to lay the foundation walls and furnish the stone therefor.
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Contract, upon an account annexed, against the executor of the will of J ames H. Coon, to recover the value of certain building stone. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows. The plaintiff made a contract with the firm of Currier and Kilham to erect a mill for it upon its land, and that firm made a sub-contract with the defendant’s testator to lay the foundation walls and furnish the stone therefor. The testator in excavating for the foundations discovered in the land considerable stone suitable for the walls, and made use of…
1Opinion of the CourtDbvens, J.
The defendant’s testator had taken and used stone belonging to the plaintiff in the construction of a building for which he was a sub-contractor, the plaintiff’s contract for the erection of the building having been made with the firm of Currier and Kilham. The jury had been instructed, in terms not objected to by either party, upon the general features of the case, and upon express and implied contracts, when at the close of the charge the defendant requested an instruction that “ the plaintiff to recover must show that there was an agreement between Mr. Coon and the plaintiff to pay for…
2Cases cited1 opinion
- Earle v. CoburnMassachusetts Supreme Judicial Court · 1881
3Cited by3 opinions
- Evers v. GilfoilMassachusetts Supreme Judicial Court · 1924
- Reynolds v. New York Trust Co.Court of Appeals for the First Circuit · 1911
- Paul v. WilburMassachusetts Supreme Judicial Court · 1905