Plunger Elevator Co. v. Day
Massachusetts Supreme Judicial Court
Contract for $2,406.45 for an elevator, including a car and working appliances, installed by the plaintiff in a building of the defendant at his request. Writ dated September 30, 1897. At the trial in the Superior Court before Craskill, J., the jury returned a verdict for the plaintiff in the sum of $2,365.50. The defendant alleged exceptions.
1Opinion of the CourtLoring, J.
In this case the defendant accepted in writing a proposition for the construction and installation of an elevator in a building owned by him. The proposition which was ac*131cepted was in writing and purported to have been made by the “ Washburn Shops.” Work on the elevator stopped on or about November 1, 1896, and thereupon the defendant put a man in charge of it “ who operated it for the uses of the building in which it was constructed until March 4, 1897,” when the building in question was totally destroyed by fire. Before the fire the defendant had refused to pay for the elevator because it…
2Cases cited4 opinions
- Commonwealth v. BurtonMassachusetts Supreme Judicial Court · 1903
- Robbins v. AtkinsMassachusetts Supreme Judicial Court · 1897
- O'Donnell v. PollockMassachusetts Supreme Judicial Court · 1898
- Brewer v. Housatonic RailroadMassachusetts Supreme Judicial Court · 1871
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