City of Worcester v. Worcester & Holden Street Railway Co.
Massachusetts Supreme Judicial Court
Contract on an account annexed as stated in the first paragraph of the opinion. Writ dated November 19, 1908. At the trial in the Superior Court Aiken, 0. J. submitted to the jury the question “Was $2,500 or $3,500 the amount agreed upon for what was to be done on Grove Street ? ” The jury answered “ $3,500.” The jury returned a verdict for the plaintiff in the sum of $4,671.82; and the defendant alleged exceptions. The case was submitted on briefs.
1Opinion of the CourtKnowlton, C. J.
The exceptions in this case relate to a single item in the plaintiff’s account annexed, which is a charge of $3,500 for “ labor furnished, and materials furnished and actually used in making repairs and alterations on Grove Street in. Worcester as per contract.”
On July 22,1901, the board of aldermen of Worcester granted a location to the defendant company for the construction of its railway. Among the “ terms, conditions and obligations ” imposed upon the defendant was a requirement that, “ if, in the construction of said tracks, it shall become necessary in the judgment of the city engineer…
2Cases cited9 opinions
- Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
- Selectmen of Gardner v. Templeton Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- City of Springfield v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1902
- Suit v. WoodhallMassachusetts Supreme Judicial Court · 1875
- Slater Woollen Co. v. LambMassachusetts Supreme Judicial Court · 1887
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3Cited by2 opinions
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Sawin v. Connecticut Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1912