John Soley & Sons, Inc. v. Jones
Massachusetts Supreme Judicial Court
Contract for a balance of $8,000 alleged to be due to the plaintiff under a contract in writing, which is printed below, by which the plaintiff agreed to do all the shoring for underpinning buildings in section 3 of the Washington Street tunnel in Boston, in the vicinity of Boylston Street and Hayward Place in that city, which the defendants were engaged in constructing under a contract made by them with the city of Boston through” the transit commission of that city.
Read the full summary
Contract for a balance of $8,000 alleged to be due to the plaintiff under a contract in writing, which is printed below, by which the plaintiff agreed to do all the shoring for underpinning buildings in section 3 of the Washington Street tunnel in Boston, in the vicinity of Boylston Street and Hayward Place in that city, which the defendants were engaged in constructing under a contract made by them with the city of Boston through” the transit commission of that city. Writ dated September 12, 1905. The contract between the plaintiff and the defendants, of which a copy was annexed to the…
1Opinion of the CourtBraley, J.
It is a general rule, that parties cannot be relieved from their contracts fairly made with full knowledge of the facts, although they may have mistaken their rights or have failed to restrict sufficiently their liabilities. Hawkes v. Kehoe, 193 Mass. 419. The defendants knew that by its terms their contract with the transit commissioners could be cancelled and discharged, if the engineer gave a certificate that they were not making such progress in the execution of the work as to indicate that it would be completed within the period fixed for performance. It was with this knowledge that they…
2Cases cited16 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
11 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Cameron-Hawn Realty Co. v. . City of AlbanyNew York Court of Appeals · 1913
- Chase Precast v. JOHN J. PAONESSA CO., COMMONWEALTHMassachusetts Supreme Judicial Court · 1991
- Fischler v. NicklinWashington Supreme Court · 1958
- Winchester Gables, Inc. v. Host Marriott Corp.Massachusetts Appeals Court · 2007
- Shore Investment Co. v. Hotel Trinidad, Inc.Supreme Court of Florida · 1947
21 more not listed; retrieve them via the Exa API.