Smith v. Vose & Sons Piano Co.
Massachusetts Supreme Judicial Court
Contract upon an agreement in writing to recover the contract price for drilling an artesian well upon certain premises belonging to the defendant, a corporation organized under the laws of the State of Maine, and engaged in the manufacture of pianos in Boston.
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Contract upon an agreement in writing to recover the contract price for drilling an artesian well upon certain premises belonging to the defendant, a corporation organized under the laws of the State of Maine, and engaged in the manufacture of pianos in Boston. Writ dated October 7, 1903. In the Superior Court the case was tried before Schofield, J. It appeared that the contract was drawn wholly by the plaintiffs, and consisted of a proposition, contained in a letter written by the plaintiffs to the defendant dated February 24,1903, which was accepted by the defendant. The letter and the…
1Opinion of the CourtBraley, J.
Upon omitting other provisions relating to the price and the depth that might be necessary to obtain the stated amount of supply, but not material to the principal question involved, the plaintiffs undertook by their contract “ to procure water in the earth above the bed rock” on the defendant’s premises by driving in the boiler room of the factory a pipe two and one half inches in diameter, but if a sufficient amount was not obtained then to “ drill a well not less than six inches in diameter in the bed rock . . . until twenty-five gallons of water per minute is obtained.” They finally…
2Cases cited16 opinions
- United States v. PeckSupreme Court of the United States · 1880
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
11 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Robert Industries, Inc. v. SpenceMassachusetts Supreme Judicial Court · 1973
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Antonellis v. Northgate Construction Corp.Massachusetts Supreme Judicial Court · 1973
- Martin v. JablonskiMassachusetts Supreme Judicial Court · 1925
- Goldenberg v. TaglinoMassachusetts Supreme Judicial Court · 1914
29 more not listed; retrieve them via the Exa API.