Casavant v. Sherman
Massachusetts Supreme Judicial Court
Contract for the alleged breach of a contract in writing, whereby the defendant agreed to employ the plaintiff for one year from August 19, 1908, and to pay him $4 a day, alleging that the defendant wrongfully discharged the plaintiff on February 20, 1909. Writ in the Central District Court of Worcester dated March 23, 1910. On appeal to the Superior Court the case was tried before Law-ton, J. It appeared that the plaintiff was a lather, who took contracts for lathing…
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Contract for the alleged breach of a contract in writing, whereby the defendant agreed to employ the plaintiff for one year from August 19, 1908, and to pay him $4 a day, alleging that the defendant wrongfully discharged the plaintiff on February 20, 1909. Writ in the Central District Court of Worcester dated March 23, 1910. On appeal to the Superior Court the case was tried before Law-ton, J. It appeared that the plaintiff was a lather, who took contracts for lathing buildings, and that the defendant also was a lather, who took similar contracts, that on August 17, 1908, the plaintiff and…
1Opinion of the CourtBraley, J.
The stipulations of the parties to the contract were mutual and dependent, and, if after it had been partially executed the defendant by discharging the plaintiff made further performance impossible, he is liable in damages, unless the discharge could be justified on the ground of the plaintiff’s defaults. Hodgkins v. Moulton, 100 Mass. 309. Hapgood v. Shaw, 105 Mass. 276. Earnshaw v. Whittemore, 194 Mass. 187, 192. Accordingly the question at the trial was whether the alleged omissions put in evidence by the defendant were a sufficient justification. It is settled that, while inadvertent or…
2Cases cited8 opinions
- Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
- Earnshaw v. WhittemoreMassachusetts Supreme Judicial Court · 1907
- Hapgood v. ShawMassachusetts Supreme Judicial Court · 1870
- National Machine & Tool Co. v. Standard Shoe Machinery Co.Massachusetts Supreme Judicial Court · 1902
- Hodgkins v. MoultonMassachusetts Supreme Judicial Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Daley v. J. F. White Contracting Co.Massachusetts Supreme Judicial Court · 1964
- Costello v. HayesMassachusetts Supreme Judicial Court · 1924
- Creed v. ApogMassachusetts Appeals Court · 1978
- Pye v. PerryMassachusetts Supreme Judicial Court · 1914
- Keegan v. O'DonnellMassachusetts Supreme Judicial Court · 1941
3 more not listed; retrieve them via the Exa API.