Daly v. Kingston
Massachusetts Supreme Judicial Court
Contract, to recover a balance of $138.20 claimed to be due under a contract in writing to complete brick work, lathing, and plastering on the house of John J. Cummings in Lawrence. Writ dated November 17,1898. The defendant contended that the plaintiffs had failed to complete their contract and that the defendant had been obliged to procure materials and labor to complete the work at an expense to him of the amount claimed by the plaintiffs.
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Contract, to recover a balance of $138.20 claimed to be due under a contract in writing to complete brick work, lathing, and plastering on the house of John J. Cummings in Lawrence. Writ dated November 17,1898. The defendant contended that the plaintiffs had failed to complete their contract and that the defendant had been obliged to procure materials and labor to complete the work at an expense to him of the amount claimed by the plaintiffs. In the Superior Court the jury found a verdict for the plaintiffs. The case was tried before Bishop, J., who at the request of the parties reported it…
1Opinion of the CourtKnowlton, J.
This case comes before us on a report which presents the question whether it should have been ruled as matter of law that the “ No. 12 Phila. & Boston Face Brick Co.’s red pressed brick fireplace ” mentioned in the specifications, was a part of the brick work referred to in the following agreement in writing: “ Lawrence, Mass., August 19, ’98. I, the undersigned, do hereby agree to complete brick work, lathing and plastering, as prescribed in plans and specification, on house of John J. Cummings at Lawrence St. Cor. Chestnut, for §900. Maurice Daly.” We are of opinion that it should have been…
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