Ford v. Burchard
Massachusetts Supreme Judicial Court
Contract on a promissory note for $100, and for money paid. The defendant filed the following declaration in set-off: “And the defendant says that the said parties made a contract in writing, a copy whereof is hereto annexed, and the defendant fully performed all his part of said contract, excepting only as he was prevented and hindered from so doing by the plaintiff; but the plaintiff did not perform his part of said contract, but wrongfully broke the same by refusing and…
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Contract on a promissory note for $100, and for money paid. The defendant filed the following declaration in set-off: “And the defendant says that the said parties made a contract in writing, a copy whereof is hereto annexed, and the defendant fully performed all his part of said contract, excepting only as he was prevented and hindered from so doing by the plaintiff; but the plaintiff did not perform his part of said contract, but wrongfully broke the same by refusing and neglecting to make the payments therein stipulated, and so prevented the defendant from completing the building mentioned…
1Opinion of the CourtMoeton, J.
The parties entered into a written contract, by which the defendant agreed to build a house for the plaintiff upon the terms therein stipulated. The presiding justice of the Superior Court, before whom the case was tried without a jury, found as facts that the plaintiff broke the contract, and that the defendant justifiably abandoned and rescinded it. Under these circumstances, the defendant was entitled to maintain an action to recover the value of the materials furnished and the work done by him for the plaintiff. Fitzgerald v. Allen, 128 Mass. 232. And his claim for such materials and…
2Cases cited2 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
3Cited by7 opinions
- Norcross Bros. v. VoseMassachusetts Supreme Judicial Court · 1908
- Divito v. UtoMassachusetts Supreme Judicial Court · 1925
- Ryder v. WarrenMassachusetts Supreme Judicial Court · 1936
- Simmons v. Lawrence Duck Co.Massachusetts Supreme Judicial Court · 1882
- Beaudoin v. LenzaMassachusetts Supreme Judicial Court · 1959
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