Rogers v. Becker-Brainard Milling Machine Co.
Massachusetts Supreme Judicial Court
Contract upon an account annexed containing two items of charges, hereinafter described, for work done in drilling and blasting.
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Contract upon an account annexed containing two items of charges, hereinafter described, for work done in drilling and blasting. Writ in the District Court of Northern Norfolk dated October 24, 1905. On appeal to the Superior Court the case was tried before Aiken, C. J. It appeared that the plaintiff and the defendant had made a contract, whose provisions, so far as material, in substance were as follows: “The contractor [the plaintiff] agrees to blast from [a certain rock] ledge, such amount of stone as the company [the defendant] may desire; ... to furnish all boilers, drills, tools, coal,…
1Opinion of the CourtDeCourcy, J.
The' only stipulation for payment contained in the express contract was that of “one dollar and thirty-five cents per cubic yard for the amount taken out of the ledge.” When the defendant took advantage of the clause which authorized it to stop the work after one half of the rock was removed, the plaintiff had done drilling and blasting to the value of $349.92, preparatory to dislodging the remainder of the ledge. This addi*561tional work was performed under the direction of officers of the defendant company, and especially of one Beale who was placed in charge of it by the defendant’s president.…
2Cases cited3 opinions
- Vickery v. RitchieMassachusetts Supreme Judicial Court · 1909
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
- Stowe v. ButtrickMassachusetts Supreme Judicial Court · 1878
3Cited by5 opinions
- Heitz v. SayersSuperior Court of Delaware · 1923
- O'Byrne v. LawsonSupreme Court of Colorado · 1943
- Glazer v. LermanMassachusetts Supreme Judicial Court · 1953
- Amaral v. PimentalMassachusetts District Court, Appellate Division · 1965
- Gainsboro v. HermansonMassachusetts District Court, Appellate Division · 1936