Dondis v. Borden
Massachusetts Supreme Judicial Court
Contract upon a contract in writing, further described below, to construct a building for the plaintiff for stores and tenements on East Main Street in Fall River. Writ dated January 22, 1912. The plaintiff’s substituted declaration, filed by consent on November 5, 1912, was as follows: “And the plaintiff says that on or about the first day of August, 1910, he and the defendant entered into a written contract, a copy of which is hereto annexed, and made a part hereof.
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Contract upon a contract in writing, further described below, to construct a building for the plaintiff for stores and tenements on East Main Street in Fall River. Writ dated January 22, 1912. The plaintiff’s substituted declaration, filed by consent on November 5, 1912, was as follows: “And the plaintiff says that on or about the first day of August, 1910, he and the defendant entered into a written contract, a copy of which is hereto annexed, and made a part hereof. And the plaintiff says that he has fully and faithfully performed and carried out all his engagements and agreements set forth…
1Opinion of the CourtBraley, J.
The refusal of the defendant’s first request, asking •for a ruling that “The original contract was.conclusively settled by the making and acceptance of the final certificate and payment,” as well as the refusal to instruct the jury “that upon all the evidence the architect’s final certificate was in any way final and conclusive upon the parties, or that the plaintiff could not recover on the principal contract because of the issuance of the architect’s final certificate and payment thereunder,” shows no error of law.
The defendant relies upon the clause of the contract which provides that “no…
2Cases cited6 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Gagnon v. Sperry & Hutchinson Co.Massachusetts Supreme Judicial Court · 1910
- Weston v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Royal Paper Box Co. v. Munro & Church Co.Massachusetts Supreme Judicial Court · 1933
- Buckley & Scott Utilities, Inc. v. Petroleum Heat & Power Co.Massachusetts Supreme Judicial Court · 1943
- Eastern Advertising Co. v. ShapiroMassachusetts Supreme Judicial Court · 1928
- Trimboli v. . KinkelNew York Court of Appeals · 1919
- Pond v. SimpsonMassachusetts Supreme Judicial Court · 1925
5 more not listed; retrieve them via the Exa API.