Robbins v. Blodgett
Massachusetts Supreme Judicial Court
Contract, upon the following order: “ Lowell, February 3d, 1875. Mr. Blodgett, please pay to C. H. Robbins the sum of four hundred and forty-five dollars, and oblige — to be paid when the house is finished— J. T. Willis.” Across the face of the order was written, “I accept the order. Chas. A. Blodgett.”
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Contract, upon the following order: “ Lowell, February 3d, 1875. Mr. Blodgett, please pay to C. H. Robbins the sum of four hundred and forty-five dollars, and oblige — to be paid when the house is finished— J. T. Willis.” Across the face of the order was written, “I accept the order. Chas. A. Blodgett.” Writ dated March 13, 1877. At the trial in the Superior Court, before Rockwell, J., it appeared that this order was given by Willis, the contractor, to the plaintiff, for work done on the house by the plaintiff for Willis, and while he was still at work under his contract; that an action had…
1Opinion of the Court
Eedicott J.
We are of opinion that the defendant is liable according to the terms of his acceptance, and, it appearing that the 'house has been finished, the plaintiff is entitled to recover. The bill of exceptions states that it was not finished by Willis, the drawer of the order, and was sold by the defendant in an unfinished state to Litchfield, who completed it. But the order contains no condition that it shall be finished by Willis. It is general in its terms, and is payable absolutely when the house is finished; and it is immaterial who completed it. If the defendant wished to limit his…
2Cases cited4 opinions
- Cook v. WolfendaleMassachusetts Supreme Judicial Court · 1870
- Russell v. BarryMassachusetts Supreme Judicial Court · 1874
- Somers v. ThayerMassachusetts Supreme Judicial Court · 1874
- Robbins v. BlodgettMassachusetts Supreme Judicial Court · 1877
3Cited by3 opinions
- J. E. Smith & Co. v. W. M. Hurlburt Co.Supreme Court of Connecticut · 1919
- Checkeway v. Pejepscot Paper Co.Supreme Judicial Court of Maine · 1929
- Eastern Plumbing Supply Co. v. LevittSupreme Court of Connecticut · 1930