New England Structural Co. v. James Russell Boiler Works Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in tRe Superior Court on May 11, 1917, by the New England Structural Company, a corporation, against the James Russell Boiler Works Company, a corporation, Herbert M. Apted and Peter J. McDuffee, copartners doing business under the firm name of Apted and McDuffee, and (by substitution for B. Devereux Barker) Joseph W. Parker, as the trustee in bankruptcy of the defendants Apted and McDuffee.
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Bill in equity, filed in tRe Superior Court on May 11, 1917, by the New England Structural Company, a corporation, against the James Russell Boiler Works Company, a corporation, Herbert M. Apted and Peter J. McDuffee, copartners doing business under the firm name of Apted and McDuffee, and (by substitution for B. Devereux Barker) Joseph W. Parker, as the trustee in bankruptcy of the defendants Apted and McDuffee. The prayers of the bill were (1) that the defendant James Russell Boiler Works Company be ordered to pay to the plaintiff the amount due and payable by that defendant for and on…
1Opinion of the CourtB roley, J.
It is unnecessary to state at length the allegations of the bill and the cross bill, as the stipulation of the parties entered *277into and filed before the cases were tried on the merits clearly designates the questions on which they are at issue. The plaintiff furnished and delivered structural steel for a boiler shop to be built on the land of the defendant boiler works company, the owner, substantially in accordance witn specifications prepared by a firm of engineers, who are referred to in the contract between the plaintiff and Apted and McDuffee, defendants in the original bill. We shall,…
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