Gillis v. Cobe
Massachusetts Supreme Judicial Court
Contract for labor done and materials furnished in the construction of an additional storage house for the defendants’ brewery at Forest Hills in Boston. Writ dated April 15,1899. The case came up on appeal from a judgment of the Superior Court for the defendants, rendered by Fessenden, J., upon the report of William J. Forsaitb, Esq. as referee. The pleadings, contract and specifications are sufficiently described in the referee’s report.
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Contract for labor done and materials furnished in the construction of an additional storage house for the defendants’ brewery at Forest Hills in Boston. Writ dated April 15,1899. The case came up on appeal from a judgment of the Superior Court for the defendants, rendered by Fessenden, J., upon the report of William J. Forsaitb, Esq. as referee. The pleadings, contract and specifications are sufficiently described in the referee’s report. That report was as follows: “ This is an action for labor done and materials furnished under a contract to construct an addition to a brewery building in…
1Opinion of the CourtLoring, J.
1. The first question submitted to the court by the referee is whether the defendants’ act of putting in the tanks constituted an act of acceptance which dispensed with the necessity of the plaintiffs’ furnishing the architect’s certificate.
The plaintiffs contend that this question does not arise in this case, because it is nowhere provided in the contract that their right to recover the contract price depends upon their securing a certificate from the architect. Though the provisions of this contract are not as explicit as building contracts usually are in this respect, yet, on a fair…
2Cases cited18 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
- Hodgkins v. MoultonMassachusetts Supreme Judicial Court · 1868
- Cullen v. SearsMassachusetts Supreme Judicial Court · 1873
- Taft v. Inhabitants of MontagueMassachusetts Supreme Judicial Court · 1817
13 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Salamon v. TerraMassachusetts Supreme Judicial Court · 1985
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Santoro v. MackSupreme Court of Connecticut · 1929
- Nordin Construction Company v. City of NomeAlaska Supreme Court · 1971
- Vickery v. RitchieMassachusetts Supreme Judicial Court · 1909
44 more not listed; retrieve them via the Exa API.