Wallis v. Inhabitants of Wenham
Massachusetts Supreme Judicial Court
Contract for a balance alleged to be due on a contract in writing for the construction of a school house for the defendant.
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Contract for a balance alleged to be due on a contract in writing for the construction of a school house for the defendant. Writ dated May 27, 1907. At the trial in the Superior Court before Fessenden, J., without a jury, it appeared in evidence that the plaintiffs and the defendant, the latter acting through a building committee duly appointed and authorized, mutually executed a contract in writing, by which the plaintiffs agreed to construct a school house for the defendant according to the plans and specifications of a certain architect, for a fixed price; and, the defendant having paid…
1Opinion of the CourtSheldoh, J.
The plaintiffs contend that the acts of the defendant in causing delay in the execution by the plaintiffs of their contract resulted as matter of law in abrogating the time limit fixed by the agreement of the parties, and left the plaintiffs under no further obligation as to this matter than the duty of completing the construction of the building within a reasonable time. They also contend that for any failure on their part to complete their work within a reasonable time they could be " held only for the actual damages shown to have been caused thereby to the defendant, and not for the…
2Cases cited28 opinions
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- Long v. Pierce CountyWashington Supreme Court · 1900
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3Cited by17 opinions
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