Hawkins v. Graham
Massachusetts Supreme Judicial Court
Contract for breach of an agreement in writing, which was as follows: “ Philadelphia, December 21, 1885. “ Mr. John C. Graham: — “ I do hereby agree that for and in consideration of the sum of fifteen hundred and seventy-five (1,575) dollars, to be paid me upon the satisfactory completion of the following system of heating to be established in your new mills, located at the N. E. cor. of 19th and Hamilton Streets, Philadelphia, Penn., as follows, viz.: to furnish and set up…
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Contract for breach of an agreement in writing, which was as follows: “ Philadelphia, December 21, 1885. “ Mr. John C. Graham: — “ I do hereby agree that for and in consideration of the sum of fifteen hundred and seventy-five (1,575) dollars, to be paid me upon the satisfactory completion of the following system of heating to be established in your new mills, located at the N. E. cor. of 19th and Hamilton Streets, Philadelphia, Penn., as follows, viz.: to furnish and set up (no foundations included) in complete and first-class working order, one steam fan, having an engine affixed thereto of…
1Opinion of the CourtHolmes, J.
The only question in this case is whether the written agreement between the parties left the right of the plaintiff to recover the price of the work and materials furnished by him dependent upon the actual satisfaction of the defendant. Such agreements usually are construed, not as making the defendant’s declaration of dissatisfaction conclusive, in which case it would be difficult to say that they amounted to contracts, (Hunt v. Livermore, 5 Pick. 395, 397,) but as requiring an honest expression. In view of modern modes of business, it is not surprising that in some cases eager sellers or…
2Cases cited7 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Zaleski v. ClarkSupreme Court of Connecticut · 1876
- Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
- Gibson v. CranageMichigan Supreme Court · 1878
- Exhaust Ventilator Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
- Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
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