Farnham v. Lenox Motor Car Co.
Massachusetts Supreme Judicial Court
Two actions of contract, the first against the Lenox Motor Car Company, a corporation, for alleged breaches of contract in failing, to accept and pay for work and materials furnished by the plaintiff under four contracts in writing and two oral contracts, and the second by the same plaintiffs against Daniel S. Howard, Jr., and others upon a guaranty in writing of performance by the Lenox Motor Car Company of the contracts sued upon in the first action.
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Two actions of contract, the first against the Lenox Motor Car Company, a corporation, for alleged breaches of contract in failing, to accept and pay for work and materials furnished by the plaintiff under four contracts in writing and two oral contracts, and the second by the same plaintiffs against Daniel S. Howard, Jr., and others upon a guaranty in writing of performance by the Lenox Motor Car Company of the contracts sued upon in the first action. Writ in the first case in Plymouth County dated November 17, 1916, and writ in the second case in Suffolk County dated July 1, 1915. The…
1Opinion of the CourtRugg, C. J.
These are actions at law sounding in contract. The defendants in each action seasonably claimed a trial by jury. Subsequently the cases were referred to an auditor, before whom a full hearing was had. His report was elaborate, covering in detail every issue. No exceptions were taken to rulings made by the auditor. St. 1914, c. 576, § 2. No motion was made to recommit and no objection was made except that questions of law were raised going to the root of the plaintiffs’ claim in the Howard case. Thereupon the plaintiffs moved in each case for judgment to be entered according to the auditor’s…
2Cases cited40 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
- Stockbridge v. MixerMassachusetts Supreme Judicial Court · 1913
- Hoffman House v. . FooteNew York Court of Appeals · 1902
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3Cited by38 opinions
- Cook v. Farm Service Stores, Inc.Massachusetts Supreme Judicial Court · 1938
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- Meeney v. DoyleMassachusetts Supreme Judicial Court · 1931
- Douglas v. WhittakerMassachusetts Supreme Judicial Court · 1949
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