Legal Opinion

Mersick v. Bilafsky

Massachusetts Supreme Judicial Court

Decided May 17, 1910PublishedCited by 6 opinions

Contract against Abraham and Benjamin F. Bilafsky, with a declaration in three counts, the first on a special contract, made about July 30, 1902, for plumbing goods furnished for three houses being built on Addington Road in Brookline for one Louis Habelow, the second count on an account annexed for goods furnished outside the contract, and the third on an account annexed for the goods described in both the first and second counts.

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Contract against Abraham and Benjamin F. Bilafsky, with a declaration in three counts, the first on a special contract, made about July 30, 1902, for plumbing goods furnished for three houses being built on Addington Road in Brookline for one Louis Habelow, the second count on an account annexed for goods furnished outside the contract, and the third on an account annexed for the goods described in both the first and second counts. Writ dated December 18, 1902. The case was referred to George R. Blinn, Esquire, as auditor. He filed a report, in which he found that the plaintiffs had delivered…

1Opinion of the CourtMorton, J.

This is an action of contract to recover from the defendants for plumbing materials alleged to have been furnished to the defendants for use in the construction of certain houses which one Louis Habelow was building in Brookline. The answer was a general denial and the statute of frauds. The case was sent, to an auditor who found against the defendant Benjamin and in favor of the defendant Abraham. Afterwards there was a jury trial, and a verdict for the plaintiffs for the full amount claimed was returned against both defendants. The case is here on exceptions by both defendants to the…

2Cases cited2 opinions

  1. Bagley v. Wonderland Co.Massachusetts Supreme Judicial Court · 1910
  2. Rosseau v. DeschenesMassachusetts Supreme Judicial Court · 1909

3Cited by6 opinions

  1. Atlas Tack Corp. v. DiMasiMassachusetts Appeals Court · 1994
  2. Glassman v. BarronMassachusetts Supreme Judicial Court · 1931
  3. Van Dyke v. BixbyMassachusetts Supreme Judicial Court · 1983
  4. Oscar Krenz Copper & Brass Works, Inc. v. EnglandCalifornia Court of Appeal · 1930
  5. Amory v. ChecrouneMassachusetts District Court, Appellate Division · 2004

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