Clark v. Gulesian
Massachusetts Supreme Judicial Court
Contract. Writ in the Superior Court for the county of Suffolk dated March 9, 1907. The material portions of the declaration were as follows: The defendant requested the plaintiff to estimate the cost of erecting and completing and requested the plaintiff to make an offer of a price for which the plaintiff would erect and complete a building on the corner of Harcourt and Irvington Streets in Boston in accordance with certain plans and specifications then and there shown by…
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Contract. Writ in the Superior Court for the county of Suffolk dated March 9, 1907. The material portions of the declaration were as follows: The defendant requested the plaintiff to estimate the cost of erecting and completing and requested the plaintiff to make an offer of a price for which the plaintiff would erect and complete a building on the corner of Harcourt and Irvington Streets in Boston in accordance with certain plans and specifications then and there shown by the defendant to the plaintiff; and the defendant promised and agreed that, if the said offer of a price for erecting and…
1Opinion of the CourtBraley, J.
The declaration, after allegations of preliminary-negotiations, sets forth the oral building contract into which the parties entered. By its terms, the plaintiff ’contracted to erect and complete a building according to certain plans and specifications, for which the defendant agreed to pay a fixed sum “ from time to time as the work progressed,” and to furnish a bond to secure the performance of his promise. The contract having contained no provisions as to the time within which the building was to be begun and finished or the bond given, the plaintiff became entitled to a reasonable time…
2Cases cited2 opinions
- Earnshaw v. WhittemoreMassachusetts Supreme Judicial Court · 1907
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
3Cited by12 opinions
- Beach & Clarridge Co. v. American Steam Gauge & Valve Manufacturing Co.Massachusetts Supreme Judicial Court · 1909
- Damiano v. National Grange Mutual Liability Co.Massachusetts Supreme Judicial Court · 1944
- Martin v. MurphyMassachusetts Supreme Judicial Court · 1914
- Rich v. ArancioMassachusetts Supreme Judicial Court · 1931
- Donlan v. City of BostonMassachusetts Supreme Judicial Court · 1916
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