Pike v. City of Waltham
Massachusetts Supreme Judicial Court
Contract, by Henry H. Pike, surviving partner of the firm of H. H. Pike and Son, for the benefit of Joshua Benshimol, to recover for work done and materials furnished in the construction of a bridge in the defendant city under a written contract. Trial in the Superior Court, without a jury, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The plaintiff introduced in evidence the report of an auditor, to whom the case had been referred, and rested.
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Contract, by Henry H. Pike, surviving partner of the firm of H. H. Pike and Son, for the benefit of Joshua Benshimol, to recover for work done and materials furnished in the construction of a bridge in the defendant city under a written contract. Trial in the Superior Court, without a jury, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The plaintiff introduced in evidence the report of an auditor, to whom the case had been referred, and rested. The auditor found and reported the following facts. The written contract between the firm, then composed of Henry H.…
1Opinion of the CourtField, C. J.
The contract could not be assigned without the consent of the city, so as to substitute the assignee as a party to the contract in place of the Pikes. The city had a bond given by the Pikes, with sureties, and had a right to hold the Pikes and their sureties on the bond responsible for the due performance of the work by the Pikes. The Pikes could have performed the contract by means of agents, and, if Benshimol had continued to act as agent for the Pikes and had completed the contract as such agent, the contract would have been properly performed. But when Pike, the survivor of the two…
2Cited by13 opinions
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- Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Russo v. Charles I. Hosmer, Inc.Massachusetts Supreme Judicial Court · 1942
- Staples v. City of SomervilleMassachusetts Supreme Judicial Court · 1900
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