Connolly v. Sullivan
Massachusetts Supreme Judicial Court
Contract, to recover SI,622.50, the balance alleged to be due the plaintiff for work and labor performed and furnished in excavating a lot of the defendant on Cedar Street, in Boston. Trial in the Superior Court, before Sheldon, J., who allowed a bill of exceptions, in substance as follows.
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Contract, to recover SI,622.50, the balance alleged to be due the plaintiff for work and labor performed and furnished in excavating a lot of the defendant on Cedar Street, in Boston. Trial in the Superior Court, before Sheldon, J., who allowed a bill of exceptions, in substance as follows. The work was done under a written contract, by the terms of which the plaintiff agreed to build a cellar upon the defendant’s land, and a drain to connect with the sewer in the street, and also to do the rough grading of the lot, the cellar to be built in accordance with plans or specifications to be…
1Opinion of the CourtMorton, J.
The exceptions in this case were not only to the refusal of the court to give the rulings which were requested, but to the ruling by which the jury were directed to return a verdict for the plaintiff, irrespective of the contract price, for a sum which the auditor had found was the fair market value of all the work and labor performed and furnished, less what the *5defendant had paid on account. That is, as we understand the exceptions, the court ruled in effect, as matter of law, against the objection of the defendant, that, on the auditor’s report, the plaintiff was entitled to recover the…
2Cases cited6 opinions
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
- Koon v. GreenmanNew York Supreme Court · 1831
- Atkins v. County of BarnstableMassachusetts Supreme Judicial Court · 1867
- Emerson v. PatchMassachusetts Supreme Judicial Court · 1880
- Peaslee v. RossMassachusetts Supreme Judicial Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States Ex Rel. Susi Contracting Co. v. Zara Contracting Co.Court of Appeals for the Second Circuit · 1944
- Fisher v. DoeMassachusetts Supreme Judicial Court · 1910
- Dalton v. American Ammonia Co.Massachusetts Supreme Judicial Court · 1920
- Kass v. ToddMassachusetts Supreme Judicial Court · 1972
- Brown v. WoodburyMassachusetts Supreme Judicial Court · 1903
9 more not listed; retrieve them via the Exa API.