Legal Opinion

Handy v. Bliss

Massachusetts Supreme Judicial Court

Decided February 2, 1910PublishedCited by 57 opinions

Contract in three counts, the first for $1,250, a balance alleged to be due under the terms of a contract in writing in accordance with which the plaintiff was to construct for the defendant a dwelling house at Pocasset, the plaintiff alleging that he had performed the contract in every particular; the second upon an account annexed for extra materials and labor furnished outside the contract, amounting to $1,444.50, and the third upon an account annexed which included the…

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Contract in three counts, the first for $1,250, a balance alleged to be due under the terms of a contract in writing in accordance with which the plaintiff was to construct for the defendant a dwelling house at Pocasset, the plaintiff alleging that he had performed the contract in every particular; the second upon an account annexed for extra materials and labor furnished outside the contract, amounting to $1,444.50, and the third upon an account annexed which included the extras named in the second count and also, as item 1, “ Balance due on the contract, $1,250.” Writ dated August 18,1905.…

1Opinion of the CourtKnowltok, C. J.

This is an action to recover a balance due a contractor for the construction of a building. One of the counts was upon an account annexed, which opened to the plaintiff the right of recovery upon a quantum meruit for labor and materials. The defendant requested, among others, the following instructions:

“ That if the jury believe that pages one and two of the speci*518fications entitled, ‘ General Conditions ’ were a part of the contract, there can be no recovery on the ground of substantial performance.
“ If the jury shall be of the opinion that pages, one and two of the specifications entitled ‘…

2Cases cited12 opinions

  1. Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
  2. C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
  3. Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
  4. Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
  5. Norcross v. WymanMassachusetts Supreme Judicial Court · 1904

7 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
  2. Silver v. GravesMassachusetts Supreme Judicial Court · 1911
  3. Biggs v. DensmoreMassachusetts Supreme Judicial Court · 1948
  4. Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
  5. Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917

52 more not listed; retrieve them via the Exa API.

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