Bowen v. Kimbell
Massachusetts Supreme Judicial Court
Contbact. Writ dated May 21, 1904. The original declaration contained one count, as follows: “ And the plaintiff says the defendants owe him the sum of nine thousand and five dollars, according to the account hereto annexed. “ Account Annexed.
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Contbact. Writ dated May 21, 1904. The original declaration contained one count, as follows: “ And the plaintiff says the defendants owe him the sum of nine thousand and five dollars, according to the account hereto annexed. “ Account Annexed. “ Lydia E. Kimball, et al, To Samuel Dodge, doing business under the firm name of Dodge & Devanny, Dr. “ Items (1) To amount of the contract price for erecting and fin- ishing a business block on Main Street in ¡North Adams, $96,500 Cr. (2) By cash at different times, 87,195 Balance due, $9,305 ” The declaration afterwards, and before trial before the…
1Opinion of the CourtKnowlton, C. J.
The plaintiff Dodge made a contract in writing to erect a large building for the defendants in North Adams. He received many payments under the contract, and afterwards brought this suit to recover the balance of the contract price. Having become a bankrupt, his trustee was permitted to come into court and prosecute the suit By agreement of parties the case was referred to a referee whose determination of all matters of fact was to be final, his decision of questions of law being subject to review by the court. He reported that the plaintiff was not entitled to recover, and judgment was…
2Cases cited15 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Spence v. . HamNew York Court of Appeals · 1900
- Woodward v. . FullerNew York Court of Appeals · 1880
- Phillip v. . GallantNew York Court of Appeals · 1875
- Sipley v. StickneyMassachusetts Supreme Judicial Court · 1906
10 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
- Bucholz v. Green Bros. Co.Massachusetts Supreme Judicial Court · 1930
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- Mark v. Stuart-Howland Co.Massachusetts Supreme Judicial Court · 1917
- Andre v. MaguireMassachusetts Supreme Judicial Court · 1940
53 more not listed; retrieve them via the Exa API.