Gosline v. Albro Clem Elevator Co.
Massachusetts Supreme Judicial Court
Contract. The second count was as follows: “ And the plaintiff says that by an agreement between him and the defendant, he agreed to make for the defendant a car for the price of two hundred and fifty dollars, to be used with an elevator of a certain style and pattern, which the defendant was to furnish to David Conrad and Sons, as per contract, [a copy of which was annexed;] and it was further agreed between plaintiff and defendant, that plaintiff would furnish such labor…
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Contract. The second count was as follows: “ And the plaintiff says that by an agreement between him and the defendant, he agreed to make for the defendant a car for the price of two hundred and fifty dollars, to be used with an elevator of a certain style and pattern, which the defendant was to furnish to David Conrad and Sons, as per contract, [a copy of which was annexed;] and it was further agreed between plaintiff and defendant, that plaintiff would furnish such labor and materials and money as the foreman of the defendant, who was to superintend the erection of said elevator, should…
1Opinion of the CourtHammond, J.
The second count sets out in the first place that an agreement was made between the plaintiff and the defendant for the construction of a car by the plaintiff for the defendant, and avers , that the plaintiff has performed the contract.
It then avers that the defendant claims the contract has been changed; and the plaintiff denies that it has been changed, and avers that even if it has been changed the defendant has not performed the contract as claimed to have been changed, to the damage of the plaintiff.
The two contracts described in the declaration are entirely inconsistent with each other…
2Cited by4 opinions
- Pollock v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1935
- Grandchamp v. CostelloMassachusetts Supreme Judicial Court · 1935
- Frisbee v. Prussian National InsuranceMassachusetts Supreme Judicial Court · 1916
- Egyptian Chemical Co. v. Furniture Outlet of Boston, Inc.Massachusetts District Court, Appellate Division · 1954