Wheeler v. Tarullo
Massachusetts Supreme Judicial Court
Contract by a firm of building contractors against the 'owner of land upon which the plaintiffs had constructed a house, upon an account annexed for $1,362.10 and interest for “labor performed and materials furnished,” the first item of the account being for “balance due on house” being erected upon the defendant’s land, $1,210, and other items being for specific items of extras.
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Contract by a firm of building contractors against the 'owner of land upon which the plaintiffs had constructed a house, upon an account annexed for $1,362.10 and interest for “labor performed and materials furnished,” the first item of the account being for “balance due on house” being erected upon the defendant’s land, $1,210, and other items being for specific items of extras. Writ dated January 29, 1917; also an action of Contract by the defendant in the first action against the plaintiffs therein for damages arising from breaches of the contract under which the building contractors…
1Opinion of the CourtJenney, J.
The bill of exceptions. succinctly states the cases ' *308substantially as follows: These are cross actions on a written agreement for the construction of a building in accordance with certain plans and specifications. In the case in which the Wheelers are plaintiffs, they seek in an action on the contract to recover a balance unpaid thereon and for work and materials not included therein. In the action brought by Tarullo damages are claimed for breach of the same contract. The cases have been heard together by an auditor, who found that the Wheelers did not substantially perform the contract and…
2Cases cited18 opinions
- Young v. DuncanMassachusetts Supreme Judicial Court · 1914
- Illinois Central Railroad Company, Appt. v. Wirt AdamsSupreme Court of the United States · 1901
- Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
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3Cited by20 opinions
- Cook v. Farm Service Stores, Inc.Massachusetts Supreme Judicial Court · 1938
- Merrimac Chemical Co. v. MooreMassachusetts Supreme Judicial Court · 1932
- Duralith Corp. v. LeonardMassachusetts Supreme Judicial Court · 1931
- Ballou v. FitzpatrickMassachusetts Supreme Judicial Court · 1933
- Fisher v. DrewMassachusetts Supreme Judicial Court · 1924
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