Boynton v. Lynn Gas Light Co.
Massachusetts Supreme Judicial Court
Contract on an account annexed for work and labor. At the trial in the Superior Court, before Aldrich, J., it appeared that on July 28, 1870, the plaintiffs, as the parties of the first part, and the defendant, acting by its president, as the party of the second part, entered into the following agreement under seal: “ The said parties of the first part, for the consideration hereinafter mentioned, agree to provide the material for, and forthwith to commence and complete…
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Contract on an account annexed for work and labor. At the trial in the Superior Court, before Aldrich, J., it appeared that on July 28, 1870, the plaintiffs, as the parties of the first part, and the defendant, acting by its president, as the party of the second part, entered into the following agreement under seal: “ The said parties of the first part, for the consideration hereinafter mentioned, agree to provide the material for, and forthwith to commence and complete without delay or intermission, except from the necessities of the weather, a substantial stone wharf, to be located upon the…
1Opinion of the CourtLoud, J.
Two questions are, in this case, presented for our decision: First. Did the presiding judge construe correctly the written contract between the parties ? Second. Was his ruling right, relative to the claim that there was, between the parties, a paroi contract in addition to the written ? We can have no doubt upon either proposition.
The plaintiffs contracted with the defendant to "build a substantial stone wharf. When the contract was executed, it was agreed between the parties that the line of the wharf upon land of the defendant was to measure in length two hundred feet; and the length of…
2Cited by7 opinions
- Eastern Advertising Co. v. Standard Nut Co.Massachusetts Supreme Judicial Court · 1928
- Merritt v. Peninsular Construction Co.Court of Appeals of Maryland · 1900
- Constantine v. Kalamazoo Beet Sugar Co.Michigan Supreme Court · 1903
- Sullivan v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900
- Weiboldt Stores, Inc. v. StateCourt of Claims of Illinois · 1976
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