Buttrick Lumber Co. v. Collins
Massachusetts Supreme Judicial Court
Contract upon an order in writing payable to the plaintiff drawn by one John G. Foster upon the defendant and accepted by him. Writ dated March 28, 1904. The order declared upon was as follows : “Waltham, Mass., 8/8,1908. “ Mr. M. P. Collins, “ Dear Sir: “ Please reserve and pay the Buttrick Lumber Co. one thousand ($1000) dollars and deduct the same from any amount due me on final payment. “John G. Foster.” “ Accepted, — M. P. Collins, By Geo.
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Contract upon an order in writing payable to the plaintiff drawn by one John G. Foster upon the defendant and accepted by him. Writ dated March 28, 1904. The order declared upon was as follows : “Waltham, Mass., 8/8,1908. “ Mr. M. P. Collins, “ Dear Sir: “ Please reserve and pay the Buttrick Lumber Co. one thousand ($1000) dollars and deduct the same from any amount due me on final payment. “John G. Foster.” “ Accepted, — M. P. Collins, By Geo. E. Strout, Archt.’3 In the Superior Court the case was tried before Bond, J. The contract to which the order related began as follows: “ Building…
1Opinion of the CourtBraley, J.
The order and its acceptance, while improperly declared on as an inland bill of exchange, has been treated throughout by the parties and the trial judge as the written promise of the defendant to pay the amount named to the plaintiff from the final payment due to the drawer under a building contract in process of performance. Wells v. Brigham, 6 Cush. 6. R. L. c. 73, §§ 143, 146. But, no question of pleading having been raised, we consider the case as presented.
If the acceptance of the order in the name of the defendant by the architect was unauthorized, there was ample evidence of…
2Cases cited19 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- Kingman v. PerkinsMassachusetts Supreme Judicial Court · 1870
- Wiley v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1890
- Burke v. CoyneMassachusetts Supreme Judicial Court · 1905
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3Cited by25 opinions
- Security Bank of New York v. CallahanMassachusetts Supreme Judicial Court · 1915
- Hooper v. CuneoMassachusetts Supreme Judicial Court · 1917
- Wheeler v. TarulloMassachusetts Supreme Judicial Court · 1921
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- Garford Motor Truck Co. v. BucksonSuperior Court of Delaware · 1927
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