Russell v. Barry
Massachusetts Supreme Judicial Court
Contract by the members of the firm of A. Russell & Co. to recover the price of lumber furnished on the following order, signed by the defendant: “ Messrs. A. Russell & Co., Please deliver Mr. John McDonald lumber for my house on Codman Street, and I will be responsible for the payment of the same when the house is completed ; said sum not to exceed five hundred dollars. M. M. Barry.”
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Contract by the members of the firm of A. Russell & Co. to recover the price of lumber furnished on the following order, signed by the defendant: “ Messrs. A. Russell & Co., Please deliver Mr. John McDonald lumber for my house on Codman Street, and I will be responsible for the payment of the same when the house is completed ; said sum not to exceed five hundred dollars. M. M. Barry.” The answer denied that the lumber was furnished on the order, that the house had been completed by McDonald or by any one else; and alleged that the lumber was not to be paid for by the defendant unless said…
1Opinion of the CourtAmes, J.
It appears that McDonald had bound himself by a contract to build a house for the defendant, but was not able upon his own credit to obtain all the lffmber necessary for that purpose. The defendant therefore, in order to remove that difficulty, by his written order requested the plaintiffs to deliver lumber to McDonald, for the purposes of his contract, to an amount not exceeding five hundred dollars : and promised to be responsible for the payment therefor “ when the house is completed.” Upon receiving this written order, the plaintiffs delivered the lumber accordingly, and it has been made…
2Cases cited1 opinion
- Cook v. WolfendaleMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- J. E. Smith & Co. v. W. M. Hurlburt Co.Supreme Court of Connecticut · 1919
- Merrigan v. HallMassachusetts Supreme Judicial Court · 1900
- Fitz v. ComeyMassachusetts Supreme Judicial Court · 1875
- Rothenberg v. Newton Mortgage Corp.Massachusetts Supreme Judicial Court · 1930
- Robbins v. BlodgettMassachusetts Supreme Judicial Court · 1878
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