Homer v. Shaw
Massachusetts Supreme Judicial Court
Contract by the assignee of the rights of one George A. Lancaster under a contract with the defendant under which he was to be paid for certain excavating and mason work and the setting up and riveting of the iron work of a section of the Tremont Street subway in Boston, the defendant being the general contractor for the construction of that section for the transit commissioners.
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Contract by the assignee of the rights of one George A. Lancaster under a contract with the defendant under which he was to be paid for certain excavating and mason work and the setting up and riveting of the iron work of a section of the Tremont Street subway in Boston, the defendant being the general contractor for the construction of that section for the transit commissioners. Writ dated August 27, 1896. The case previously was before this court and is the second case referred to in 177 Mass. 1, 5, where it was decided that the plaintiff could not maintain an action upon a quantum meruit,…
1Opinion of the CourtBraley, J.
The defendant’s liability upon acceptance of the assignment depended upon the assignor’s performance of his contract to transport, erect and paint the steel work required for a section of a subway which the defendant was building in accordance with the plans and specifications of the transit commissioners. If not fully performed the entire contract price although payable in monthly instalments never became due, or if before completion the assignor by reason of his inability to go on, voluntarily abandoned the work, he could not recover for work and labor already performed and furnished. Homer…
2Cases cited8 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Earnshaw v. WhittemoreMassachusetts Supreme Judicial Court · 1907
- Burke v. CoyneMassachusetts Supreme Judicial Court · 1905
- Buttrick Lumber Co. v. CollinsMassachusetts Supreme Judicial Court · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Frati v. JanniniMassachusetts Supreme Judicial Court · 1917
- Mark v. Stuart-Howland Co.Massachusetts Supreme Judicial Court · 1917
- Putnam v. BolsterMassachusetts Supreme Judicial Court · 1914
- Jewett v. WarrinerMassachusetts Supreme Judicial Court · 1921
- St. Mary's Bank v. CianchetteDistrict Court, D. Maine · 1951
2 more not listed; retrieve them via the Exa API.