Pittsburgh Plate Glass Co. v. MacDonald
Massachusetts Supreme Judicial Court
Contract for a balance of $733.65 for plate glass alleged to have been furnished for the defendant by the plaintiff, used principally in the Hotel Somerset in Boston and a small part of it in the Hotel Boulevard in Newton, for both of which buildings the defendant had sub-contracts including the window glass. Writ dated May 9, 1899. In the Superior Court the case was heard by Lawton, J., without a jury, upon an auditor’s report.
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Contract for a balance of $733.65 for plate glass alleged to have been furnished for the defendant by the plaintiff, used principally in the Hotel Somerset in Boston and a small part of it in the Hotel Boulevard in Newton, for both of which buildings the defendant had sub-contracts including the window glass. Writ dated May 9, 1899. In the Superior Court the case was heard by Lawton, J., without a jury, upon an auditor’s report. The judge refused to make the rulings requested by the plaintiff, and found for the plaintiff in the sum of $21.81, for the glass furnished for the hotel in Newton,…
1Opinion of the CourtLosing, J.
In this case the plaintiff, who was under contract to furnish glass for some of the window sashes made,by the defendant for a building belonging to a third person, through its own mistake furnished more glass than the contract called for and now seeks to recover from the defendant for the extra glass so furnished.
The case was sent to an auditor who found for the defendant; no evidence beyond the auditor’s report was introduced at the trial, and the only exception which has been argued is to a refusal to rule that as matter of law there was, on the facts set forth in the auditor’s report, a…
2Cases cited2 opinions
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Pew v. First National BankMassachusetts Supreme Judicial Court · 1881
3Cited by7 opinions
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Williams v. SederMassachusetts Supreme Judicial Court · 1940
- Bartlett v. City of LowellMassachusetts Supreme Judicial Court · 1909
- Maloon v. BarrettMassachusetts Supreme Judicial Court · 1906
- Mercier v. James Murchie's Sons Co.Supreme Judicial Court of Maine · 1914
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