Fitzgerald v. Allen
Massachusetts Supreme Judicial Court
Contract in three counts. The first count was on a written contract, by the terms of which the plaintiff agreed to lay all the concrete required on “ Section A” of the Sudbury River conduit for the sum of seventy-five cents per cubic yard, and to furnish all tools and labor necessary to do the work; the defendants agreed to furnish the materials for the work, which was to be done according to the plans and specifications for “Section A,” and to the full satisfaction of the…
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Contract in three counts. The first count was on a written contract, by the terms of which the plaintiff agreed to lay all the concrete required on “ Section A” of the Sudbury River conduit for the sum of seventy-five cents per cubic yard, and to furnish all tools and labor necessary to do the work; the defendants agreed to furnish the materials for the work, which was to be done according to the plans and specifications for “Section A,” and to the full satisfaction of the engineers and inspectors and entire acceptance of the Boston Water Board; any work not done to their satisfaction to be…
1Opinion of the CourtLord, J.
It was error in the presiding judge to direct the $192 to be deducted from the value of the labor and materials. The plaintiff commenced to work under a written contract; and, while that contract was in force, his rights, remedies- and liabilities were all to be determined by the terms of that contract; but, when that contract was wholly terminated, his rights would depend upon the mode in which it was terminated. It may have been terminated by his own voluntary refusal to continue to perform it, or by the absolute prohibition of the defendants to permit him to perform it, or by his absolute…
2Cases cited1 opinion
- Atkins v. County of BarnstableMassachusetts Supreme Judicial Court · 1867
3Cited by40 opinions
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Lyman v. City of LincolnNebraska Supreme Court · 1894
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- Dalton v. American Ammonia Co.Massachusetts Supreme Judicial Court · 1920
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
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