Vickery v. Ritchie
Massachusetts Supreme Judicial Court
Contract for a balance of $10,467.16 alleged to be due for the erection of a Turkish bath house upon land of the defendant on Carver Street in Boston, with a count upon an alleged contract in writing and another count upon an account annexed. Writ dated January 9, 1904. In the Superior Court the case was referred to Clarence H. Cooper, Esquire, as auditor. He filed a report containing the findings which are stated in the opinion.
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Contract for a balance of $10,467.16 alleged to be due for the erection of a Turkish bath house upon land of the defendant on Carver Street in Boston, with a count upon an alleged contract in writing and another count upon an account annexed. Writ dated January 9, 1904. In the Superior Court the case was referred to Clarence H. Cooper, Esquire, as auditor. He filed a report containing the findings which are stated in the opinion. The case afterwards was tried before Pierce, J. The defendant introduced no evidence. At the close of the plaintiff’s evidence the judge ruled that the plaintiff…
1Opinion of the CourtKnowlton, C. J.
This is an action to recover a balance of $10,467.16, alleged to be due the plaintiff as a contractor, for the construction of a Turkish bath house on land of the defendant.
a
The parties signed duplicate contracts in writing, covering the work. At the time when the plaintiff signed both copies of the contract the defendant’s signature was attached, and the contract' price therein named was $88,721. When the defendant signed them the contract price stated in each was $23,200. Until the building was completed the plaintiff held a contract under which he was to receive the larger sum, while the…
2Cases cited11 opinions
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Logan County National Bank v. TownsendSupreme Court of the United States · 1891
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Wall v. County of MonroeSupreme Court of the United States · 1881
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
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3Cited by42 opinions
- Salamon v. TerraMassachusetts Supreme Judicial Court · 1985
- Colfax Envelope Corporation v. Local No. 458-3m, Chicago Graphic Communications International Union, Afl-CioCourt of Appeals for the Seventh Circuit · 1994
- Hendrickson v. MeredithSupreme Court of Virginia · 1933
- Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
- Dale's Service Company, Inc. v. JonesIdaho Supreme Court · 1975
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