Handy v. Bliss
Massachusetts Supreme Judicial Court
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…
Read the full summary
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
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- Norcross v. WymanMassachusetts Supreme Judicial Court · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
- Silver v. GravesMassachusetts Supreme Judicial Court · 1911
- Biggs v. DensmoreMassachusetts Supreme Judicial Court · 1948
- Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
- Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
52 more not listed; retrieve them via the Exa API.