C. W. Hunt Co. v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of contract for alleged breaches of the same agreement in writing printed below, brought against one another by the two corporations who were the parties to that contract.
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Two actions of contract for alleged breaches of the same agreement in writing printed below, brought against one another by the two corporations who were the parties to that contract. Writs in the Supreme Judicial Court dated respectively June 11 and July 8,1904. The C. W. Hunt Company declared in two counts, the first count to recover a balance of $5,450 and interest upon a contract by which the Boston Elevated Railway Company agreed to pay $25,000 for two 2-ton coal hoisting towers, of which it had paid $19,550, the second count to recover $58,141.91 and interest according to an account…
1Opinion of the CourtLoring, J.
1. We are of opinion that the auditor was right in proceeding on the footing that the Hunt Company was entitled to recover if “ the towers did conform to the contract and specifications, as modified by the parties in March, 1903, and that if they were not satisfactory to the vice-president of the railway company they ought to have satisfied a reasonable man.”
This is not a contract “ into which considerations of taste or personal preference may enter,” as was said by Knowlton, C. J., in Noyes v. Eastern Accident Association, 190 Mass. 171, 172. That is to say, it is not a case within McCarren…
2Cases cited36 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
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3Cited by53 opinions
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- Brooklyn Eastern District Terminal v. United StatesSupreme Court of the United States · 1932
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
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