Winston v. City of Pittsfield
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 7, 1913, and amended by a substitute bill filed on January 31, 1914, by contractors doing business in the city of New York in the State of New York under the name of Winston and Company, against the city of Pittsfield, to set aside a certain contract in writing between the plaintiffs and the defendant, which had been performed by the plaintiffs, to construct a new reservoir for the waterworks of the defendant by building a…
Read the full summary
Bill in equity, filed in the Superior Court on April 7, 1913, and amended by a substitute bill filed on January 31, 1914, by contractors doing business in the city of New York in the State of New York under the name of Winston and Company, against the city of Pittsfield, to set aside a certain contract in writing between the plaintiffs and the defendant, which had been performed by the plaintiffs, to construct a new reservoir for the waterworks of the defendant by building a masonry dam across Mill Brook and a diversion conduit to the reservoir from a tributary of Mill Brook and from several…
1Opinion of the CourtBralet, J.
The jurisdiction of a court of equity to decree appropriate relief, where it appears that a bilateral contract, whether it remains executory or has been fully performed by the plaintiff, has been entered into through the fraudulent representations of the defendant, or under mutual and material errors of fact, and the bill is seasonably brought upon discovery of the fraud or mistake, is well settled. Long v. Athol, 196 Mass. 497, 501. J. P. Eustis Manuf. Co. v. Saco Brick Co. 198 Mass. 212. United Zinc Co. v. Harwood, 216 Mass. 474, 477, 478. The question for decision is whether the…
2Cases cited13 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- J. P. Eustis Manufacturing Co. v. Saco Brick Co.Massachusetts Supreme Judicial Court · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- J. F. Fitzgerald Construction Co. v. Southbridge Water Supply Co.Massachusetts Supreme Judicial Court · 1939
- McGovern v. City of BostonMassachusetts Supreme Judicial Court · 1918
- Cavanagh v. Tyson, Weare & Marshall Co.Massachusetts Supreme Judicial Court · 1917
- N. J. Magnan Co. v. FullerMassachusetts Supreme Judicial Court · 1916
- John J. Bowes Co. v. Inhabitants of MiltonMassachusetts Supreme Judicial Court · 1926
10 more not listed; retrieve them via the Exa API.