Morrill & Whiton Construction Co. v. City of Boston
Massachusetts Supreme Judicial Court
Contract against the city of Boston with a count to recover $2,753.96 alleged to be due for extra materials and labor not included in the contract price named in a contract between the plaintiff and that city for the erection and completion of a municipal building at the corner of Columbia Road and Bird Street in Boston, for which it was alleged that by the terms of the contract the defendant was hound to pay, with a second count for work done and materials furnished and a…
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Contract against the city of Boston with a count to recover $2,753.96 alleged to be due for extra materials and labor not included in the contract price named in a contract between the plaintiff and that city for the erection and completion of a municipal building at the corner of Columbia Road and Bird Street in Boston, for which it was alleged that by the terms of the contract the defendant was hound to pay, with a second count for work done and materials furnished and a third count on an account annexed, each for the same sum. Writ dated July 24, 1903. In the Superior Court the case was…
1Opinion of the CourtBraley, J.
Under the building contract entered into between the parties, as the plaintiff went forward in the performance of its part of the undertaking, a dispute arose whether by the terms of the agreement it was required to plaster the building, and an arrangement was then effected by which it was done, with the provision that whether the plaintiff was entitled to extra compensation, or must be content to accept the round sum specified in the contract, was a question that should be left open for determination in the suit now before us.
*220Its solution depends on the construction of the contract, and if…
2Cases cited1 opinion
- Fowle v. BigelowMassachusetts Supreme Judicial Court · 1813
3Cited by22 opinions
- Krosnowski v. KrosnowskiSupreme Court of New Jersey · 1956
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- Radio Corp. of America v. Raytheon Manufacturing Co.Massachusetts Supreme Judicial Court · 1938
- Harper v. HochstimCourt of Appeals for the Second Circuit · 1921
- Noonan v. Wonderland Greyhound Park Realty LLCDistrict Court, D. Massachusetts · 2010
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