Legal Opinion

Atkins v. County of Barnstable

Massachusetts Supreme Judicial Court

Decided October 15, 1867PublishedCited by 13 opinions

Contract for building a section of a public highway in Truro. The declaration contained two counts, the first on a written contract, in which it was provided that the work should be done “ to the acceptance of the county commissioners,” and the price of six hundred and thirty dollars should be paid therefor; the second the common count for work and labor done for the defendants.

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Contract for building a section of a public highway in Truro. The declaration contained two counts, the first on a written contract, in which it was provided that the work should be done “ to the acceptance of the county commissioners,” and the price of six hundred and thirty dollars should be paid therefor; the second the common count for work and labor done for the defendants. Answer, denial that the work was done “ to the acceptance of the county commissioners,” and averment of payment to the plaintiff of the full value of his work and labor. At the trial in the superior court, before…

1Opinion of the CourtBigelow, C. J.

The instructions were in conformity to the decided cases and in all respects sufficiently favorable to the *430plaintiff. As to his right to recover on the first count, the agreement was express that the work should be done to the satisfaction' of the county commissioners. The plaintiff was bound to show such acceptance in order to maintain an action on the written contract to recover the agreed price. McCarren v. McNulty, 7 Gray, 139. As to a recovery on the second count, the elements necessary to establish a claim against the defendants and the measure by which the damages were to be assessed…

2Cited by13 opinions

  1. Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
  2. C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
  3. Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
  4. Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
  5. McGovern v. City of BostonMassachusetts Supreme Judicial Court · 1918

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