Burke v. Dunbar
Massachusetts Supreme Judicial Court
Contract on an agreement in writing, signed by the plaintiff and the defendant, by which the plaintiff agreed to build a seawall, of certain dimensions, at Ferry Point in North Weymouth, “in a thorough and workmanlike manner,” to the satisfaction of the defendant, for $2 per perch, $100 to be paid on the completion of the front wall, $100 on the completion of one side wall, and the balance on the completion and acceptance of the work. Answer, a general denial.
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Contract on an agreement in writing, signed by the plaintiff and the defendant, by which the plaintiff agreed to build a seawall, of certain dimensions, at Ferry Point in North Weymouth, “in a thorough and workmanlike manner,” to the satisfaction of the defendant, for $2 per perch, $100 to be paid on the completion of the front wall, $100 on the completion of one side wall, and the balance on the completion and acceptance of the work. Answer, a general denial. At the trial in the Superior Court, before Colburn, J., there was evidence tending to prove the following facts: The wall mentioned in…
1Opinion of the CourtAmes, J.
As the first instruction requested by the defendant was given, the verdict of the jury imports that the wall was built, of the dimensions specified in the contract, in a thorough and workmanlike manner, and to the acceptance of the defendant. The evidence reported plainly indicates that, after the work had begun, a difficulty about securing a proper foundation for the wall became manifest, which was not in the contemplation of either party when the contract was entered into. The plaintiff’s undertaking was to build the wall, of the dimensions specified in the written contract. No special…
2Cited by8 opinions
- MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
- Bentley v. StateWisconsin Supreme Court · 1889
- Huetter v. Warehouse & Realty Co.Washington Supreme Court · 1914
- Erickson v. George B. H. Macomber Co.Massachusetts Supreme Judicial Court · 1912
- Rubin v. ColesCity of New York Municipal Court · 1931
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