Lowe v. Pimental
Massachusetts Supreme Judicial Court
Contract upon an account annexed for work done and material furnished, in repairing and fitting up certain buildings of the defendant. Trial in the Superior Court before Devens, J., who after verdict for the plaintiffs allowed a bill of exceptions in substance as follows: “ It appeared by the testimony, that there was a conflict between the plaintiffs and the defendant as to the terms of the agreement under which the work was done.
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Contract upon an account annexed for work done and material furnished, in repairing and fitting up certain buildings of the defendant. Trial in the Superior Court before Devens, J., who after verdict for the plaintiffs allowed a bill of exceptions in substance as follows: “ It appeared by the testimony, that there was a conflict between the plaintiffs and the defendant as to the terms of the agreement under which the work was done. The plaintiffs contended that they performed the work and furnished the materials under an agreement that they were to receive four dollars per day for the labor…
1Opinion of the CourtGray, C. J.
1. By the practice in this Commonwealth, whatever might have been recovered mider the common counts at common law may be the subject of a count on an account annexed. The common counts included work and labor done, and goods sold, either for a fixed price, or for their reasonable worth or value. It was therefore rightly ruled that the plaintiffs, under their declaration, might recover for labor at a rate agreed by the day, and for materials furnished at reasonable prices. Gen. Sts. c. 129, §§ 2, 87. 1 Chit. Pl. (2d Am. ed.) 335, 337.
2. The presiding judge, having ruled that if the work was…
2Cases cited1 opinion
- Brewer v. Housatonic RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by14 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Dalton v. American Ammonia Co.Massachusetts Supreme Judicial Court · 1920
- Lawson v. Williamson Coal & Coke Co.West Virginia Supreme Court · 1907
- Phipps v. MahonMassachusetts Supreme Judicial Court · 1886
- Beverly Hospital v. EarlyMassachusetts Supreme Judicial Court · 1935
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