Taft v. Inhabitants of Montague
Massachusetts Supreme Judicial Court
The action was assumpsit. The declaration contained several counts; one of which, and upon which the plaintiff relied, was upon a special contract to build a stone bridge, for the defendants, over a small stream of water running across a highway in Montague, for which the defendants were to pay one hundred and nine dollars and twenty-five cents; and the bridge was to be built in the manner particularly described in this count.
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The action was assumpsit. The declaration contained several counts; one of which, and upon which the plaintiff relied, was upon a special contract to build a stone bridge, for the defendants, over a small stream of water running across a highway in Montague, for which the defendants were to pay one hundred and nine dollars and twenty-five cents; and the bridge was to be built in the manner particularly described in this count. There was also a count upon a quantum meruit for the same services. At the trial, which was had upon the general issue at Greenfield, in the county of Franklin, May…
1Opinion of the Court
* Parker, C. J.
It would be a reproach to the law, if the plaintiff could recover the stipulated price" of the work which he undertook to perform, when, by the evidence in the case, it manifestly appears that the defendants would be entitled to a larger sum from him, as damages for the non-performance of his contract with them. He engaged to erect the bridge of proper materials, and in a workmanlike manner. The verdict of the jury proves that he has not performed this contract; and the evidence reported shows a good foundation for such a verdict.
It is now urged that he may recover the sum…
2Cases cited1 opinion
- Hollinsead v. MactierNew York Supreme Court · 1835
3Cited by19 opinions
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- Britton v. TurnerSuperior Court of New Hampshire · 1834
- Faxon v. MansfieldMassachusetts Supreme Judicial Court · 1806
- Carey v. GuillowMassachusetts Supreme Judicial Court · 1870
- Cutter v. Arlington Construction Co.Massachusetts Supreme Judicial Court · 1929
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