Cashman v. Proctor
Massachusetts Supreme Judicial Court
Contract for breach of a • contract in writing whereby the defendant, for a certain price, agreed “ to provide all labor and materials required in the construction of one stationary coal hoisting tower, cable■ railroad, etc., on” the plaintiffs’ wharf “ in accordance with plans and specifications furnished by ” the defendant “ and to the acceptance of the ” plaintiffs.
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Contract for breach of a • contract in writing whereby the defendant, for a certain price, agreed “ to provide all labor and materials required in the construction of one stationary coal hoisting tower, cable■ railroad, etc., on” the plaintiffs’ wharf “ in accordance with plans and specifications furnished by ” the defendant “ and to the acceptance of the ” plaintiffs. Writ in the Superior Court for the county of Essex dated July 14, 1905. The specifications, which were made a part of the declaration, required, among other things, a bucket engine, a trolley engine and a cable road engine…
1Opinion of the CourtSheldon, J.
The plaintiffs’ second request was properly refused. The provision in the contract that the plant should be constructed “ to the acceptance ” of the plaintiffs, meant under the circumstances here existing only that the materials and the construction should be such that a reasonable man, in view of the specifications incorporated into the contract, ought to be satisfied with the completed work as conforming to the requirements of the contract and specifications. Lockwood Manuf. Co. v. Mason Regulator Co. 183 Mass. 25. Noyes v. Eastern Accident Association, 190 Mass. 171, 182. C. W. Hunt Co. v.…
2Cases cited7 opinions
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Garfield & Proctor Coal Co. v. Pennsylvania Coal & Coke Co.Massachusetts Supreme Judicial Court · 1908
- Noyes v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1906
- Lockwood Manufacturing Co. v. Mason Regulator Co.Massachusetts Supreme Judicial Court · 1903
- Brummett v. Nemo Heater Co.Massachusetts Supreme Judicial Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- Traiser v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1909
- Fechteler v. WhittemoreMassachusetts Supreme Judicial Court · 1910
- Salem Glass Co. v. Joseph Rugo, Inc.Massachusetts Supreme Judicial Court · 1961
- McCartney v. BadovinacSupreme Court of Colorado · 1916
3 more not listed; retrieve them via the Exa API.