Anderson v. Shattuck
Supreme Court of New Hampshire
Assumpsit, to recover for work done and i als furnished in the partial erection of an addition to the defendant’s hotel. Trial at the October term, 1910, of the superior court before Mitchell, J., who reported his findings and rulings with the parties’ exceptions thereto.
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Assumpsit, to recover for work done and i als furnished in the partial erection of an addition to the defendant’s hotel. Trial at the October term, 1910, of the superior court before Mitchell, J., who reported his findings and rulings with the parties’ exceptions thereto. In October, 1908, the parties entered into a written contract by which the plaintiffs agreed to provide the materials and perform the work necessary for the erection of certain additions to the defendant’s hotel, according to specifications furnished by an architect, and to complete the work by June 15, 1909. For this the…
1Opinion of the CourtWalker, J.
At the time of the fire the plaintiffs were engaged in constructing the building under the contract, with the acquiescence and consent of the defendant, although the time limited in the contract for the completion of the building had expired four days before. The fact that the time limit had expired does not affect the legal theory, in accordance with which the plaintiffs’ right to recover for the benefits they had conferred upon the defendant must be determined. The plaintiffs, with the assent of the defendant, were rightfully engaged in the prosecution of the work at the time of the fire.…
2Cases cited5 opinions
- Danforth v. FreemanSupreme Court of New Hampshire · 1898
- Hutt v. HickeySupreme Court of New Hampshire · 1892
- Dame v. WoodSupreme Court of New Hampshire · 1908
- Dame v. WoodsSupreme Court of New Hampshire · 1905
- Chartier v. MarshallSupreme Court of New Hampshire · 1876
3Cited by3 opinions
- R. J. Berke & Co. v. J. P. Griffin, Inc.Supreme Court of New Hampshire · 1976
- United States Fidelity & Guaranty Co. v. ParsonsMississippi Supreme Court · 1927
- Burgess v. QueenSupreme Court of New Hampshire · 1983