Leverone v. Arancio
Massachusetts Supreme Judicial Court
Contract brought in the name of the plaintiff for the benefit of the C. W. Leatlierbee Lumber Company, to which the plaintiff had assigned all his claims against the defendant before the bringing of this action, upon a written building contract, dated September 6? 1898, set forth in the declaration, together with certain specifications and plans, whereby the plaintiff “ under the direction and to the satisfaction of Frank M. Churchill, architect, acting for the purposes of…
Read the full summary
Contract brought in the name of the plaintiff for the benefit of the C. W. Leatlierbee Lumber Company, to which the plaintiff had assigned all his claims against the defendant before the bringing of this action, upon a written building contract, dated September 6? 1898, set forth in the declaration, together with certain specifications and plans, whereby the plaintiff “ under the direction and to the satisfaction of Frank M. Churchill, architect, acting for the purposes of this contract as agent ” of the owner, agreed to “ provide all the materials and perform all the work mentioned in the…
1Opinion of the CourtLoring, J.
1. We are of opinion that the exception to the charge of the presiding judge, as to the plaintiff’s failure to comply with the following provisions of the specifications, must be sustained: “ Before any final estimate shall be allowed by the architect in charge, the contractor will be required to sign a certificate on said estimate that he will accept the same as a settlement in full for all claims against the owner on account of work done under this specification and contract. The contractor shall also sign and duly attest a statement, before final payment is made, that all claims for…
2Cases cited9 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Bartlett v. StanchfieldMassachusetts Supreme Judicial Court · 1889
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
- Adlard v. MuldoonIllinois Supreme Court · 1867
- Barker v. LoringMassachusetts Supreme Judicial Court · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Bray v. HickmanMassachusetts Supreme Judicial Court · 1928
- O'Neil v. National Oil Co.Massachusetts Supreme Judicial Court · 1918
- Garden City Floral Co. v. HuntMontana Supreme Court · 1953
- Charleston Lumber Co. v. FriedmanWest Virginia Supreme Court · 1908
- Morgan v. Town of BurlingtonMassachusetts Supreme Judicial Court · 1944
21 more not listed; retrieve them via the Exa API.