James Elgar, Inc. v. Newhall
Massachusetts Supreme Judicial Court
Contract, with a declaration in three counts, the first and the third counts setting forth breaches by the defendant of a contract in writing whereby the plaintiff agreed to construct for the defendant an apartment building at the corner of Beacon Street and Hawes Street in Brookline; and the second count being upon an account annexed relating to the construction of the same building.
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Contract, with a declaration in three counts, the first and the third counts setting forth breaches by the defendant of a contract in writing whereby the plaintiff agreed to construct for the defendant an apartment building at the corner of Beacon Street and Hawes Street in Brookline; and the second count being upon an account annexed relating to the construction of the same building. Writ dated April 10, 1916. The action was referred to an auditor and afterwards was heard by McLaughlin, J., without a jury, upon the auditor’s report and other evidence, oral and» documentary. Material evidence…
1Opinion of the CourtCrosby, J.
This is an action to recover a balance of $4,025 for the furnishing of all materials and labor used in the construction of an apartment house, in accordance with certain drawings and specifications which are a part of the written contract. The declaration also contains a count for damages because of delay and additional expense alleged to have been incurred by the defendant. -No question of pleadings is raised. The case was heard by a judge of the Superior Court on an auditor’s report and on oral testimony and exhibits introduced at the trial. All of the testimony before that court is not…
2Cases cited3 opinions
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- Gilman & Son, Inc. v. Turner Tanning Machinery Co.Massachusetts Supreme Judicial Court · 1919
3Cited by7 opinions
- Mitchell v. MitchellSupreme Judicial Court of Maine · 1940
- Parker v. Tilghman v. Morgan, Inc.Court of Appeals of Maryland · 1936
- Kentucky Natural Gas Corp. v. Indiana Gas & Chemical Corp.Court of Appeals for the Seventh Circuit · 1942
- Condé Nast Press, Inc. v. Cornhill Publishing Co.Massachusetts Supreme Judicial Court · 1926
- Rogers v. AbbottMassachusetts Supreme Judicial Court · 1924
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