Schurman v. Improved Plastic-Slate Roofing Co.
Massachusetts Supreme Judicial Court
Contract or tort, with a declaration in two counts, the first count alleging a breach of an express warranty contained in the contract in writing, described in the opinion, as to the roofing on buildings of the plaintiff, and the second count claiming damages alleged to result from negligence in the repairing of the roof.
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Contract or tort, with a declaration in two counts, the first count alleging a breach of an express warranty contained in the contract in writing, described in the opinion, as to the roofing on buildings of the plaintiff, and the second count claiming damages alleged to result from negligence in the repairing of the roof. Writ dated March 11, 1914. In the Superior Court the action was tried before Chase, J. The material evidence and the exceptions of the defendant are described in the opinion. When the jury first came in to report a verdict, the presiding judge, before the verdict was…
1Opinion of the CourtPierce, J.
This is an action to recover damages in two counts for the same cause of action. The first count was for breach of an express warranty, the second for negligence in the performance of work. The jury found for the plaintiff on the first count and we accordingly treat the exception on the footing of a single count for the breach of an express warranty.
In 1905 and 1906 the plaintiff built some houses on Dawson and Templeton streets, Dorchester. The roofing material, Improved Plastic-Slate, was put upon the flat roofs of the houses under a contract and guaranty by one John Mandile who did…
2Cases cited4 opinions
- Smith v. Vose & Sons Piano Co.Massachusetts Supreme Judicial Court · 1907
- Buffington v. McNallyMassachusetts Supreme Judicial Court · 1906
- Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906
- Soderlund v. HelmanMassachusetts Supreme Judicial Court · 1913
3Cited by3 opinions
- State Fuel Co. v. Gulf Oil CorporationCourt of Appeals for the First Circuit · 1950
- Curtis v. Swan Island Club, Inc.Massachusetts Supreme Judicial Court · 1935
- Schurman v. Improved Plastic-Slate Roofing Co.Massachusetts Supreme Judicial Court · 1919