Legal Opinion
Divito v. Uto
Massachusetts Supreme Judicial Court
Decided July 6, 1925PublishedCited by 23 opinions
1Opinion of the CourtSanderson, J.
This is an action of contract with a declaration in three counts: the first, to recover a balance due upon a written contract afterwards modified by oral agreement; the second, to recover the same amount for work done and materials furnished by the plaintiff in building a garage for the defendant; and the third, upon a quantum meruit for éxtra work. The defendant’s answer is a general denial, payment, and an answer in recoupment. The case was referred to an auditor with a stipulation that his findings of fact should be final.
The declaration stated that the second count was for the same cause…
2Cases cited9 opinions
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- Burke v. CoyneMassachusetts Supreme Judicial Court · 1905
- Wheeler v. TarulloMassachusetts Supreme Judicial Court · 1921
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- J. A. Sullivan Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1986
- Liss v. StudenyMassachusetts Supreme Judicial Court · 2008
- Andre v. MaguireMassachusetts Supreme Judicial Court · 1940
- Glazer v. SchwartzMassachusetts Supreme Judicial Court · 1931
- Russo v. Charles I. Hosmer, Inc.Massachusetts Supreme Judicial Court · 1942
18 more not listed; retrieve them via the Exa API.