Smith v. Phipps
Supreme Court of Connecticut
Action to recover for work and labor and materials furnished, brought to the Superior Court in Fairfield Count}", and tried to the jury before Thayer, J.; verdict and judgment for the plaintiffs, and appeal by the defendant for alleged errors in the rulings and charge of the court.
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Action to recover for work and labor and materials furnished, brought to the Superior Court in Fairfield Count}", and tried to the jury before Thayer, J.; verdict and judgment for the plaintiffs, and appeal by the defendant for alleged errors in the rulings and charge of the court. The plaintiffs claimed to recover for work done and materials furnished by them at the request of the defendant in boring sundry driven wells and providing pipes, cisterns and pumping apparatus, to supply water to the defendant’s hotel in the town of Westport. The defense was that the plaintiffs’ work and materials…
1Opinion of the CourtAndrews, C. J.
Upon the trial the plaintiffs offered evidence and claimed to have proved that they bored four wells of the aggregate depth of 115 feet; that in boring these wells they started three or four other holes that were abandoned on account of striking solid bottom; and that there were about sixteen feet drilled in the holes that were so *307abandoned. The plaintiffs claimed to recover the contract price, |2.00 per foot for this drilling.
The defendant objected, on the ground that the written proposals made by the plaintiffs to the defendant did not include any such drilling And it appeared, in fact,…
2Cases cited2 opinions
- Crosby v. FitchSupreme Court of Connecticut · 1838
- Burroughs v. LangleyCourt of Appeals of Maryland · 1856
3Cited by13 opinions
- Neff v. NeffSupreme Court of Connecticut · 1921
- Roberti v. BarbieriSupreme Court of Connecticut · 1927
- Donnan v. AdamsCourt of Appeals of Texas · 1902
- Barlow Bros. Co. v. ParsonsSupreme Court of Connecticut · 1901
- McCullough v. HitchcockSupreme Court of Connecticut · 1899
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