Pease v. McQuillin
Massachusetts Supreme Judicial Court
Contract by the trustee in bankruptcy of the estate of George F. Allen, for labor and materials furnished by Allen in the erection of two buildings which the defendant had agreed to build for the city of Fall River and the mason’s work of which he sublet to Allen. Writ dated January 25, 1899. The declaration contained four counts: the first two on the written contracts, and each of the last two on a quantum meruit for the labor and materials furnished.
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Contract by the trustee in bankruptcy of the estate of George F. Allen, for labor and materials furnished by Allen in the erection of two buildings which the defendant had agreed to build for the city of Fall River and the mason’s work of which he sublet to Allen. Writ dated January 25, 1899. The declaration contained four counts: the first two on the written contracts, and each of the last two on a quantum meruit for the labor and materials furnished. The defendant, in addition to his answer, filed a declaration in set-off. The case was sent to an auditor and twice recommitted. In his third…
1Opinion of the CourtBarker, J.
The questions growing out of the declaration in set-off having been waived by the defendant the situation of the case is this: The defendant by separate contracts undertook to erect for a city two buildings, and sublet to Allen, of whose bankrupt estate the plaintiff is now the trustee, the mason work, agreeing to pay him for that work on one building $3,400, and on the other $4,537, payments to be made monthly of a percentage of the value of the work done and materials furnished during the preceding month. After Allen had done most of the mason work and had received from the defendant…
2Cited by4 opinions
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