Millen v. Gulesian
Massachusetts Supreme Judicial Court
Contract, the declaration containing two counts, the first for $8,285 on an account annexed and the second for the alleged breach of an express contract in writing, which it was alleged that the plaintiff was prevented from completing after he had furnished labor and materials to the amount of $7,625. Writ dated July 10, 1912. The defendant filed a declaration in set-off, which is described in the opinion.
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Contract, the declaration containing two counts, the first for $8,285 on an account annexed and the second for the alleged breach of an express contract in writing, which it was alleged that the plaintiff was prevented from completing after he had furnished labor and materials to the amount of $7,625. Writ dated July 10, 1912. The defendant filed a declaration in set-off, which is described in the opinion. In the Superior Court the case was tried before Sanderson, J. The work and labor were upon, and the contract in writing related to furnishing, the ornamental iron work for the construction…
1Opinion of the CourtDe Courcy, J.
The parties entered into a written contract, dated January 25, 1912, by which the plaintiff agreed to furnish and install all the metal work (except the structural metal work) for the defendant’s theatre, as set forth in the plans and specifications, for the sum of $8,825. On June 3, 1912, the defendant gave to the plaintiff a notice (which is not set out in the record) in accordance with section III of the contract, and on the expiration of ten days provided other workmen and materials and completed the work. At the trial of this action for breach of the contract the evidence for the…
2Cases cited7 opinions
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
- Ducharme v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Kaplan v. GrayMassachusetts Supreme Judicial Court · 1913
- Morrison v. RichardsonMassachusetts Supreme Judicial Court · 1907
- McIntosh v. HastingsMassachusetts Supreme Judicial Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Joseph Scaduto v. Anthony J. Orlando, D/B/A A. J. Orlando Contracting Co.Court of Appeals for the Second Circuit · 1967
- BarnettMassachusetts Supreme Judicial Court · 1921
- Smith v. Lambert Transfer Co.Washington Supreme Court · 1920
- Sawyer v. Old Lowell National BankMassachusetts Supreme Judicial Court · 1918
- Cereghino v. GiannoneMassachusetts Supreme Judicial Court · 1924
2 more not listed; retrieve them via the Exa API.