Lonergan v. Waldo
Massachusetts Supreme Judicial Court
Contract by a contractor to lay drain pipe to recover $1,240, the expense of re-digging a ditch washed in by a rain storm by reason of the delay caused by the failure of the defendant to deliver one hundred and fifty feet of six inch drain pipe ordered of him and paid for by the plaintiff, the defendant having agreed to deliver the pipe after notice from the plaintiff that it was needed at once and that, if a rain storm occurred, the ditch would cave in.
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Contract by a contractor to lay drain pipe to recover $1,240, the expense of re-digging a ditch washed in by a rain storm by reason of the delay caused by the failure of the defendant to deliver one hundred and fifty feet of six inch drain pipe ordered of him and paid for by the plaintiff, the defendant having agreed to deliver the pipe after notice from the plaintiff that it was needed at once and that, if a rain storm occurred, the ditch would cave in. Writ dated January 27, 1899. At the trial in the Superior Court, before Richardson, J., the judge took the case from the jury and, in doing…
1Opinion of the CourtBarker, J.
The question whether the verdict was ordered
rightly must be considered upon the state of facts most favorable to the plaintiff, which fairly could have been found if the case had been left to the jury.
He contended that he was entitled to large damages because of the caving in of a ditch resulting from the non-delivery of six inch drain pipe bought of the defendant on May 1, 1893, for the price of $13.50, then paid.
From his testimony it could be found that he first ordered the pipe on Thursday, April 28, by telephone, and that in giving the order he said that he was out of such pipe, and had…
2Cases cited5 opinions
- Harvey v. Connecticut & Passumpsic Rivers RailroadMassachusetts Supreme Judicial Court · 1878
- Swift River Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1897
- Townsend v. Nickerson Wharf Co.Massachusetts Supreme Judicial Court · 1875
- Scott v. Boston & New Orleans Steamship Co.Massachusetts Supreme Judicial Court · 1871
- Manning v. FitchMassachusetts Supreme Judicial Court · 1885
3Cited by11 opinions
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Weston v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1906
- Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910
- American Mechanical Corp. v. Union MacHine Co. of Lynn, Inc.Massachusetts Appeals Court · 1985
- Queen City Terminals, Inc. v. Gen. Am. Transp. Corp.Ohio Supreme Court · 1995
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