Holman v. Updike
Massachusetts Supreme Judicial Court
Contract for $120 as the price or compensation for six pencil drawings prepared by the plaintiff from certain photographs furnished by the defendant, with a count to recover $39 for other services.
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Contract for $120 as the price or compensation for six pencil drawings prepared by the plaintiff from certain photographs furnished by the defendant, with a count to recover $39 for other services. Writ dated February 8, 1909. The first count was on a special oral contract alleged to have ‘been made on or about December 10, 1906, and alleged that in pursuance of the contract the plaintiff proceeded to prepare the .drawings, that he prepared and finished five of them, and had about three fourths completed the sixth drawing, when the defendant ordered the plaintiff to cease work thereon; that…
1Opinion of the CourtBraley, J.
The case at bar is the second action between the parties, to ascertain their rights under a contract, whereby the plaintiff undertook to prepare and furnish for a round sum a set of six drawings or illustrations to embellish a church history which the defendant intended to republish. It was uncontroverted at the trial, where the plaintiff was the only witness, that when five of the six drawings had been finished and the sixth partially completed, the defendant having expressed dissatisfaction with the character of the work, said “ that he would not accept the drawings as they were.” A dispute…
2Cases cited13 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Daniels v. TearneySupreme Court of the United States · 1880
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Daley v. People's Building, Loan & Saving Ass'nMassachusetts Supreme Judicial Court · 1901
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3Cited by12 opinions
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- Dalton v. American Ammonia Co.Massachusetts Supreme Judicial Court · 1920
- Barry v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1916
- Loomis v. PeaseMassachusetts Supreme Judicial Court · 1919
- Burke v. WillardMassachusetts Supreme Judicial Court · 1924
7 more not listed; retrieve them via the Exa API.