Faxon v. Mansfield
Massachusetts Supreme Judicial Court
Amos Holbrook, upon his examination, disclosed the following facts, viz.: On the 21st day of May, A. D. 1803, he made a contract in writing with Mansfield, the principal defendant, by which the latter undertook to erect and finish a barn for Holbrook by the 1st of August then next, at which time he was to receive of H. 400 dollars, in full compensation.
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Amos Holbrook, upon his examination, disclosed the following facts, viz.: On the 21st day of May, A. D. 1803, he made a contract in writing with Mansfield, the principal defendant, by which the latter undertook to erect and finish a barn for Holbrook by the 1st of August then next, at which time he was to receive of H. 400 dollars, in full compensation. At the time of the service of the writ in this case he had performed a part of the undertaking, and had received sundry sums of money towards his compensation. Afterwards he left the work unfinished without the consent, and contrary to the…
1Opinion of the Court
* Parsons, C. J.
It appears, from the answers to the [ * 148 ] interrogatories, that there is no ground to charge Holbrook as the trustee of Mansfield, unless the latter has a legal cause of action against the former for his work done under the contract stated in the answer. From the terms of the contract, Mansfield was not entitled to receive any thing from Holbrook until the contract was executed on the part of Mansfield.
Mansfield did not fulfil his contract; his failure did not arise from inevitable accident, but from his own neglect, for he voluntarily left the work unfinished. On these…
2Cases cited2 opinions
- Taft v. Inhabitants of MontagueMassachusetts Supreme Judicial Court · 1817
- Seymour v. BennetMassachusetts Supreme Judicial Court · 1817
3Cited by26 opinions
- Britton v. TurnerSuperior Court of New Hampshire · 1834
- Homer v. ShawMassachusetts Supreme Judicial Court · 1900
- Reab v. MoorNew York Supreme Court · 1822
- Gill v. VoglerCourt of Appeals of Maryland · 1879
- Wheeler v. MatherIllinois Supreme Court · 1870
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