Cashman v. City of Boston
Massachusetts Supreme Judicial Court
Contract to recover compensation for extra work and materials furnished to the city of Boston in connection with work done under a contract in writing dated October 19, 1901, to build retaining walls on Carleton Street in Boston and complete them before July 1, 1902. Writ dated April 15, 1903. At the trial in the Superior Court before Bell, J. the material facts were admitted, and no evidence except the contract was introduced.
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Contract to recover compensation for extra work and materials furnished to the city of Boston in connection with work done under a contract in writing dated October 19, 1901, to build retaining walls on Carleton Street in Boston and complete them before July 1, 1902. Writ dated April 15, 1903. At the trial in the Superior Court before Bell, J. the material facts were admitted, and no evidence except the contract was introduced. The fourth article of the contract and the material portion of the sixth article are quoted in the second paragraph of the opinion. Article third of the contract was…
1Opinion of the CourtHammond, J.
The only question is whether the facts set out in the report would warrant a finding by the jury of a compliance by the plaintiff with, or a waiver by the defendant of, the sixth article or other provisions of the contract relating to “ claims for extras.”
The provisions in the contract relating to this matter are contained in the fourth and sixth articles of the contract. The fourth is as follows: “The contractor, if he sustain any injury or loss or extra cost, for which the city is responsible, shall, before the fifteenth day of the month following a month in which the same is sustained,…
2Cases cited1 opinion
- Sheridan v. City of SalemMassachusetts Supreme Judicial Court · 1889
3Cited by10 opinions
- Glynn v. City of GloucesterMassachusetts Appeals Court · 1980
- Gamache v. Mayor of North AdamsMassachusetts Appeals Court · 1983
- Lewis v. CommonwealthMassachusetts Supreme Judicial Court · 1954
- First Savings & Trust Co. v. Milwaukee CountyWisconsin Supreme Court · 1914
- Schneider v. City of Ann ArborMichigan Supreme Court · 1917
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