McDermott v. Hall
Massachusetts Supreme Judicial Court
Contract, in writing, for the building of a house. The case was. submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, the nature of which appears in the opinion.
1Opinion of the CourtKnowlton, J.
The defendant, as a contractor, built a house for the plaintiff. The contract contained this language : “ If at any time there shall be evidence of any lien or claim for which, if established, the owner of the said premises might become liable, and which is chargeable to the contractor, then the owner shall have the right to retain out of any payment then due or thereafter to become due, an amount sufficient to completely indemnify him against such lien or claim. Should there prove to be any such claim after all payments are made, the contractor shall refund the owner all moneys that the…
2Cases cited4 opinions
- Thayer v. DanielsMassachusetts Supreme Judicial Court · 1872
- Fisher v. TifftMassachusetts Supreme Judicial Court · 1879
- Fairbanks v. LambertMassachusetts Supreme Judicial Court · 1884
- Hussey v. CrawfordMassachusetts Supreme Judicial Court · 1891
3Cited by5 opinions
- Cotting v. Hooper, Lewis & Co.Massachusetts Supreme Judicial Court · 1915
- Currier v. WilliamsMassachusetts Supreme Judicial Court · 1905
- McIntire v. CottrellMassachusetts Supreme Judicial Court · 1904
- Shaw v. United Shoe Machinery Co.Massachusetts Supreme Judicial Court · 1915
- Harmon v. McDonaldMassachusetts Supreme Judicial Court · 1905