Cullen v. Sears
Massachusetts Supreme Judicial Court
Contract upon an account annexed, containing as its first item: “ To amount of contract price for house as per contract annexed, $700 ; ” and giving as a credit: “ Credit by cash paid, $600.” The contract referred to was a written agreement of the defendant to pay the plaintiff $700 for building a house according to certain specifications therein set forth.
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Contract upon an account annexed, containing as its first item: “ To amount of contract price for house as per contract annexed, $700 ; ” and giving as a credit: “ Credit by cash paid, $600.” The contract referred to was a written agreement of the defendant to pay the plaintiff $700 for building a house according to certain specifications therein set forth. The answer denied each and every allegation of the plaintiff’s declaration, and alleged that the cause of action arose under a contract, and that “ the defendant did not perform the contract, but failed to perform it in many respects, and…
1Opinion of the CourtGbay, C. J.
This motion is founded upon a misconception of the duties of the court and of the commissioner upon a petition to establish the truth of exceptions. Such a petition seeks to control the official certificate of a single justice of the Superior Court or of this court, and is within the exclusive jurisdiction of the full court, before which the exceptions, when allowed or proved, should be heard, and which alone has appellate powers in matters of law ruled by a single justice of either court. Priest v. Groton, 103 Mass. 530. From the inconvenience of trying contested questions of fact before the…
2Cases cited3 opinions
- Priest v. Inhabitants of GrotonMassachusetts Supreme Judicial Court · 1870
- Powell v. HowardMassachusetts Supreme Judicial Court · 1872
- Bottum v. FogleMassachusetts Supreme Judicial Court · 1870
3Cited by25 opinions
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- Biggs v. DensmoreMassachusetts Supreme Judicial Court · 1948
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- Leeds v. LittleSupreme Court of Minnesota · 1890
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