Cavanagh v. Tyson, Weare & Marshall Co.
Massachusetts Supreme Judicial Court
Cross actions of contract arising out of claims of performance and of non-performance of a contract in writing by the provisions of which the plaintiff in the first action (hereinafter called the plaintiff) for an agreed price to be paid by the defendant in that action, (hereinafter called the defendant,) was to furnish and to drive piles for the foundation of the Boston Fish Market Corporation building on Pier 6 in that part of Boston called South Boston.
Read the full summary
Cross actions of contract arising out of claims of performance and of non-performance of a contract in writing by the provisions of which the plaintiff in the first action (hereinafter called the plaintiff) for an agreed price to be paid by the defendant in that action, (hereinafter called the defendant,) was to furnish and to drive piles for the foundation of the Boston Fish Market Corporation building on Pier 6 in that part of Boston called South Boston. Writs dated February 5, 1913. The cases were referred to an auditor by whom they were heard together and, after the filing of his reports,…
1Opinion of the CourtPierce, J.
These are cross actions of contract arising out of the same transaction. They were tried together before an auditor and before a jury.
The plaintiff Cavanagh declares upon two counts. In the first count he alleges the making of a contract between the plaintiff and the defendant on October 23,1912, for the furnishing and driving of spruce piles for the foundation of the Boston Fish Market building on Pier No. 6, South Boston. In this count the plaintiff alleges in substance that he was induced to enter into this contract by misrepresentations made to him by officers of the defendant company;…
2Cases cited7 opinions
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Sherwood v. WalkerMichigan Supreme Court · 1887
- Steinmeyer v. SchroeppelIllinois Supreme Court · 1907
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Hecht v. BatchellerMassachusetts Supreme Judicial Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- LaFleur v. C.C. Pierce Co.Massachusetts Supreme Judicial Court · 1986
- Inland Steel Co. v. LambertIndiana Court of Appeals · 1917
- John Beaudette, Inc. v. Sentry Insurance a Mutual Co.District Court, D. Massachusetts · 1999
- Davis v. Dawson, Inc.District Court, D. Massachusetts · 1998
- John J. Bowes Co. v. Inhabitants of MiltonMassachusetts Supreme Judicial Court · 1926
14 more not listed; retrieve them via the Exa API.