Clark v. Baker
Massachusetts Supreme Judicial Court
Contract on an agreement in writing by which the plaintiffs agreed to build a house for the defendant, the completion of which was alleged to have been prevented by the wrongful acts of the defendant. Writ dated April 27, 1900. In the Superior Court the case was referred to George L. Huntress, Esquire, as auditor.
Read the full summary
Contract on an agreement in writing by which the plaintiffs agreed to build a house for the defendant, the completion of which was alleged to have been prevented by the wrongful acts of the defendant. Writ dated April 27, 1900. In the Superior Court the case was referred to George L. Huntress, Esquire, as auditor. His preliminary report referred to in the beginning of the opinion was as follows: “ This is an action upon a building contract for the erection of a dwelling-house for the defendant. “ One of the main issues involved is, whether or not the said dwelling-house was constructed of…
1Opinion of the CourtMorton, J.
This case comes here on appeal by the defendant from a ruling in the Superior Court allowing the auditor, on motion of the plaintiffs, to take a view, after he had reported to the court that in his opinion a view was necessary to a just decision of the case, and that it should be taken before the evidence was introduced, and also on appeals from rulings denying her motion that the case should be restored to the jury list after it had' been stricken therefrom in consequence of a waiver by the plaintiffs of their claim for a trial by jury, and denying another motion that she should be allowed…
2Cases cited4 opinions
- Commonwealth v. ChanceMassachusetts Supreme Judicial Court · 1899
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Stevens v. McDonaldMassachusetts Supreme Judicial Court · 1899
- Gallagher v. SilbersteinMassachusetts Supreme Judicial Court · 1902
3Cited by1 opinion
- Graham v. MeddlebyMassachusetts Supreme Judicial Court · 1913