Costigan v. Lunt
Massachusetts Supreme Judicial Court
Contract against Jacob K. Lunt and John R. Cummings on the following agreement signed by the plaintiff and the defendants: “ I, Edward A. Costigan, agree to build a pilot boat, as per model and specifications furnished, for John R. Cummings and Jacob K; Lunt. Jacob K. Lunt is to pay for one half said pilot boat.
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Contract against Jacob K. Lunt and John R. Cummings on the following agreement signed by the plaintiff and the defendants: “ I, Edward A. Costigan, agree to build a pilot boat, as per model and specifications furnished, for John R. Cummings and Jacob K; Lunt. Jacob K. Lunt is to pay for one half said pilot boat. I will furnish good stock and good workmanship in said pilot boat, and finish her internal arrangements, and to be according to specifications and to the satisfaction of said John R. Cummings and Jacob K. Lunt; and I, Edward A. Costigan, of the first part, agree to furnish and finish…
1Opinion of the CourtAmes, J.
In opening the case to the jury the plaintiff offered to prove that he had, to the satisfaction of the defendants, proceeded so far in the construction of the boat under the contract as to become entitled to the first instalment; and that the defendants refused to pay that instalment. Upon this opening the presiding judge ruled that t.he defendants were not jointly *219liable on the contract, and that no action could be maintained against them jointly thereon.
His contract was to build the boat for them, and when finished it was to belong to them, as tenants in common. But their promise to pay for…
2Cited by10 opinions
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- Goldstein v. KatzMassachusetts Supreme Judicial Court · 1950
- Colt v. LearnedMassachusetts Supreme Judicial Court · 1875
- Miller v. BushTexas Supreme Court · 1930
- Knowlton v. ParsonsMassachusetts Supreme Judicial Court · 1908
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