Erickson v. George B. H. Macomber Co.
Massachusetts Supreme Judicial Court
Contract for alleged breaches of a contract for the building of a stable on Brimmer Street in Boston. Writ dated November 1, 1908. The plaintiff’s declaration contained three counts.
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Contract for alleged breaches of a contract for the building of a stable on Brimmer Street in Boston. Writ dated November 1, 1908. The plaintiff’s declaration contained three counts. The first count alleged that the defendant wholly failed to construct the stall room floor of the stable according to the specifications, in that it did not cover the entire area of the stall room floor one inch thick with Warren’s ICiola Asphalt Floor, nor put the same down in the best manner, nor underlay the same with two layers of best roofing paper acceptable to the architects. The third count alleged that…
1Opinion of the CourtSheldon, J.
The question whether the defendant was required to make the third floor water-tight, depending entirely upon the construction of the language of the contract and specifications, was one of law for the court and ought not to have been left to the jury. Globe Works v. Wright, 106 Mass. 207, 216. Goldstein v. D’Arcy, 201 Mass. 312, 317. No doubt, if.the jury had answered the question correctly, this would have been harmless error. *318Bouvé v. Cottle, 143 Mass. 310, 315. But they did not do so. The contract and specifications stated carefully and particularly just what the defendant was required to…
2Cases cited5 opinions
- Globe Works v. WrightMassachusetts Supreme Judicial Court · 1870
- Bouvé v. CottleMassachusetts Supreme Judicial Court · 1887
- Goldstein v. D'ArcyMassachusetts Supreme Judicial Court · 1909
- Burke v. DunbarMassachusetts Supreme Judicial Court · 1880
- Couilliard v. EatonMassachusetts Supreme Judicial Court · 1885
3Cited by9 opinions
- Biggs v. DensmoreMassachusetts Supreme Judicial Court · 1948
- Cumberland Farms, Inc. v. Drehmann Paving & Flooring Co.Massachusetts Appeals Court · 1988
- H. D. Foss & Co. v. WhiddenMassachusetts Supreme Judicial Court · 1925
- Medlinsky v. Premium Cut Beef Co.Massachusetts Supreme Judicial Court · 1944
- L. E. Fosgate Co. v. Spokane Valley Growers UnionMassachusetts Supreme Judicial Court · 1928
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