Legal Opinion

E. I. Dupont DeNemours Powder Co. v. Culgin-Pace Contracting Co.

Massachusetts Supreme Judicial Court

Decided October 25, 1910PublishedCited by 10 opinions

Bill in equity, filed in the Superior Court on September 29, 1908, against the Culgin-Pace Contracting Company, which in 1907 made a contract in writing with the city of Springfield, another defendant, to construct a dam, reservoir and intake tunnel as a part of the city’s water supply system, for Ihe performance of which contract the Title Guaranty and Surety Company, the third defendant, was surety, seeking to compel the surety company to pay the plaintiff for certain…

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Bill in equity, filed in the Superior Court on September 29, 1908, against the Culgin-Pace Contracting Company, which in 1907 made a contract in writing with the city of Springfield, another defendant, to construct a dam, reservoir and intake tunnel as a part of the city’s water supply system, for Ihe performance of which contract the Title Guaranty and Surety Company, the third defendant, was surety, seeking to compel the surety company to pay the plaintiff for certain materials furnished in connection with blasting done by the contractor. Although answers were filed by all the defendants,…

1Opinion of the CourtBraley, J.

The master, to whose report no exceptions were taken, finds that the Culgin-Pace Contracting Company, having made a written contract with the city of Springfield to build a dam, reservoir and intake tunnel, which upon completion were to become a part of the city’s water supply, bought of the plaintiff and used in the contraction of the works the powder and fuses charged in the account annexed to the bill. Before it was finished, but at what stage of completion is not stated, the contractor, apparently having become insolvent, abandoned the work leaving the plaintiff’s claim unpaid. The…

2Cases cited9 opinions

  1. George H. Sampson Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909
  2. Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
  3. Morrill & Whiton Construction Co. v. City of BostonMassachusetts Supreme Judicial Court · 1904
  4. Burr v. Massachusetts School for the Feeble-MindedMassachusetts Supreme Judicial Court · 1908
  5. Adams v. County of EssexMassachusetts Supreme Judicial Court · 1910

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
  2. Gray v. McClellanMassachusetts Supreme Judicial Court · 1913
  3. Southern Surety Co. v. United States Cast Iron Pipe & Foundry Co.Court of Appeals for the Eighth Circuit · 1926
  4. Bay State Dredging & Contracting Co. v. W. H. Ellis & Son Co.Massachusetts Supreme Judicial Court · 1920
  5. Powers Regulator Co. v. TaylorMassachusetts Supreme Judicial Court · 1916

5 more not listed; retrieve them via the Exa API.

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