Wiley v. Inhabitants of Athol
Massachusetts Supreme Judicial Court
Contract brought by the surviving partner of a firm composed of Robert Wiley and Solon L. Wiley, doing business under the name of the Athol Aqueduct Company, to recover the rental of certain hydrants furnished by the firm to the defendant town. Writ dated December 21, 1887. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Contract brought by the surviving partner of a firm composed of Robert Wiley and Solon L. Wiley, doing business under the name of the Athol Aqueduct Company, to recover the rental of certain hydrants furnished by the firm to the defendant town. Writ dated December 21, 1887. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows. On June 5, 1876, the Wileys, then copartners in business under the name of the Athol Aqueduct Company, and the defendant town, by its board of selectmen, executed an agreement in writing, which, after reciting that…
1Opinion of the CourtField, J.
The counsel for the defendant, at the argument, waived the exception taken to the ruling of the court in respect to the quality and purity of the water required by the contract. The most important exception is to the refusal of the court to rule that the plaintiff, in order to recover, must prove, as a condition precedent, that during all the time covered by the declaration a sufficient supply of water had been furnished “ to run eight hydrants at the same time, and throw full streams of water over the highest building in either village in said town,” and to the instructions given upon this…
2Cases cited5 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Morse v. BrackettMassachusetts Supreme Judicial Court · 1867
- Bacon v. ParkerMassachusetts Supreme Judicial Court · 1884
- Maryland Fertilizing & Manufacturing Co. v. LorentzCourt of Appeals of Maryland · 1876
- Kenworthy v. StevensMassachusetts Supreme Judicial Court · 1882
3Cited by29 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Minot v. MinotMassachusetts Supreme Judicial Court · 1946
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Menici v. Orton Crane & Shovel Co.Massachusetts Supreme Judicial Court · 1934
- Palmer v. Meriden Britannia Co.Illinois Supreme Court · 1900
24 more not listed; retrieve them via the Exa API.