Gallagher v. Hathaway Manufacturing Corp.
Massachusetts Supreme Judicial Court
Contract, to recover a balance due for wages. The defendant answered with a general denial, and also filed a declaration in set-off. After the former decision, reported 169 Mass. 578, the case was tried in the Superior Court, without a jury, before Blodgett, J., who found for the defendant; and the plaintiff appealed to this court, and also alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
In this case, since it was before the court upon an agreed statement of facts, 169 Mass. 578, there has been a trial, and the judge has found that the plaintiff contracted to work for the defendant upon the terms of a written notice by which the plaintiff .was to be paid a certain sum for weaving a described “ cut ” of cloth of the first quality and half the amount for a cut of the second quality, the quality to be determined by the defendant’s superintendent. The plaintiff wove a cut which *231was of the second quality, and which was determined to be so by the superintendent. The difference in…
2Cases cited3 opinions
- Goldthwait v. DayMassachusetts Supreme Judicial Court · 1889
- Dewing v. DewingMassachusetts Supreme Judicial Court · 1896
- Gallagher v. Hathaway Manufacturing Corp.Massachusetts Supreme Judicial Court · 1897
3Cited by5 opinions
- American Mutual Liability Insurance v. Commissioner of Labor & IndustriesMassachusetts Supreme Judicial Court · 1959
- Walling v. Peavy-Wilson Lumber Co.District Court, W.D. Louisiana · 1943
- Marcy v. Shelburne Falls & Colrain Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Commonwealth v. Lancaster MillsMassachusetts Supreme Judicial Court · 1912
- Fitzgerald v. International Paper Co.Supreme Judicial Court of Maine · 1902