Congress Construction Co. v. Worcester Brewing Co.
Massachusetts Supreme Judicial Court
Contract for a balance of $1,725.77 alleged to be due for the construction by the plaintiff of a brewery on land of the defendant at Worcester.
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Contract for a balance of $1,725.77 alleged to be due for the construction by the plaintiff of a brewery on land of the defendant at Worcester. Writ dated December 22, 1898. The first count set out a contract between the plaintiff and the defendant, for the construction and erection of a brewing plant in the city of Worcester for the defendant and for the machinery thereof; that one M. L. Vanderkloot, the architect and engineer of the defendant, issued a certificate for $8,800; that under the terms of the contract, the plaintiff was entitled for work done upon the defendant’s building to a…
1Opinion of the CourtMorton, J.
This is an action of contract to recover a balance of $1,725.77 alleged to be due from the defendant on account of the construction of a brewery by the plaintiff on the defendant’s premises at Worcester. The case was heard by the judge without a jury, and the defendant asked the judge to rule that the plaintiff could not recover on either count in the declaration. The judge refused so to rule, and found for the plaintiff, and the ease is here on report. “If . . . the plaintiff is entitled to recover on any one of the four counts of the declaration, the verdict ... is to stand; otherwise such…
2Cases cited4 opinions
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
- Flynn v. North American Life InsuranceMassachusetts Supreme Judicial Court · 1874
- Saunders v. SaundersMassachusetts Supreme Judicial Court · 1891
- Flynn v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1890
3Cited by7 opinions
- Johnson-Foster Co. v. D'Amore Construction Co.Massachusetts Supreme Judicial Court · 1943
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- Exchange Realty Co. v. BinesMassachusetts Supreme Judicial Court · 1939
- Seretto v. SchellMassachusetts Supreme Judicial Court · 1923
- Moran v. ManningMassachusetts Supreme Judicial Court · 1940
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