Robbins v. Blodgett
Massachusetts Supreme Judicial Court
Contract, upon the following order: “ Lowell, February 3d, 1875. Mr. Blodgett, please pay to C. H. Robbins, the sum of four hundred and forty-five dollars, and oblige — to be paid when the house is finished — J. T. Willis.” Across the face of the order was written, “ I accept the order. Chas. A. Blodgett.”
Read the full summary
Contract, upon the following order: “ Lowell, February 3d, 1875. Mr. Blodgett, please pay to C. H. Robbins, the sum of four hundred and forty-five dollars, and oblige — to be paid when the house is finished — J. T. Willis.” Across the face of the order was written, “ I accept the order. Chas. A. Blodgett.” Writ dated December 21, 1875. At the trial in the Superior Court, before Colburn, J., without a jury, it appeared in evidence that the defendant had made a contract with C. H. Willis, to build a dwelling-house according to certain plans and specifications. C. H. Willis died, leaving his…
1Opinion of the CourtGray, C. J.
No error in law appears in the rulings of the Superior Court. By the terms of the order sued on, the liability of the defendant was contingent upon the question whether the house had been finished. That question was one of fact, upon which the terms of the contract under which the house was built were admissible in evidence. Cunningham v. Washburn, 119 Mass. 224. Regan v. Dickinson, 105 Mass. 112. The judge found as matter of fact that the house had not been finished, either according to, or independently of, the building contract. The defendant’s moving into the house was not conclusive…
2Cases cited2 opinions
- Cunningham v. WashburnMassachusetts Supreme Judicial Court · 1875
- Regan v. DickinsonMassachusetts Supreme Judicial Court · 1870
3Cited by1 opinion
- Robbins v. BlodgettMassachusetts Supreme Judicial Court · 1878