Borden v. Boardman
Massachusetts Supreme Judicial Court
Contract. Trial in the Superior Court, before Braley, J., who reported the case for the determination of this court, in substance as follows. On July 24, 1890, Daniel J. Collins, a contractor, made a contract in writing with the defendant to build him a house in New Bedford, for the sum of twenty-six hundred and fifty dollars, payable one half when the house was ready for plastering, the balance when finished.
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Contract. Trial in the Superior Court, before Braley, J., who reported the case for the determination of this court, in substance as follows. On July 24, 1890, Daniel J. Collins, a contractor, made a contract in writing with the defendant to build him a house in New Bedford, for the sum of twenty-six hundred and fifty dollars, payable one half when the house was ready for plastering, the balance when finished. The defendant advanced to Collins two hundred dollars before the first payment was due, taking his receipt therefor. During the progress of the work, and before the first payment became…
1Opinion of the CourtMorton, J.
The evidence offered in bar was rightly excluded. The subsequent failure of Collins to perform his contract would not release the defendant from the obligation, if any, which he had assumed to the plaintiffs, in the absence of any agreement, express or implied, that the money was to be paid to the plaintiffs only in case Collins fulfilled his contract. Cook v. Wolfendale, 105 Mass. 401. There was no evidence of such an agreement.
The other question is more difficult. The case does not present a question of novation ; for there was no agreement among the plaintiffs, Collins, and the defendant…
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