Long v. Inhabitants of Athol
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court May 14, 1903, to set aside and cancel a contract made by the plaintiffs with the town of Athol for the construction of an extension of the sewer system of that town and to recover the fair value of the work done and the materials furnished by the plaintiffs for the defendant.
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Bill in equity, filed in the Supreme Judicial Court May 14, 1903, to set aside and cancel a contract made by the plaintiffs with the town of Athol for the construction of an extension of the sewer system of that town and to recover the fair value of the work done and the materials furnished by the plaintiffs for the defendant. The case came on to be heard, upon the report of a master and the exceptions of the defendant thereto, before Braley, J., who reserved the case for determination by the full court, such decree to be entered as justice and equity might require. There also was an appeal…
1Opinion of the CourtSheldon, J.
The defendant appealed from the interlocutory order overruling its demurrer to the bill, and its counsel have discussed some of the questions naturally arising thereon. As however all these questions are raised, and perhaps more advantageously for the defendant, upon the master’s report and the exceptions thereto, and as the appeal has not been argued specifically, it need not be considered at any great length. We think it plain that the bill as amended sets forth a good cause of action. It is drawn with a double aspect, seeking to obtain a cancellation of the contract of the plaintiffs with…
2Cases cited48 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Farrar v. ChurchillSupreme Court of the United States · 1890
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Farnsworth v. DuffnerSupreme Court of the United States · 1891
- Paine v. . UptonNew York Court of Appeals · 1882
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3Cited by68 opinions
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- Deyo v. . HudsonNew York Court of Appeals · 1919
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- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
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