Blood v. Wilson
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, for work and materials. The defendant filed a declaration in set-off for $50. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: ■ The plaintiff offered evidence tending to show that the agreement between the parties was that he should paint the outside of the defendant’s house two coats of paint, in a good and workmanlike manner, giving as good a job as could be, with two coats, for…
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Contract, upon an account annexed, for work and materials. The defendant filed a declaration in set-off for $50. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: ■ The plaintiff offered evidence tending to show that the agreement between the parties was that he should paint the outside of the defendant’s house two coats of paint, in a good and workmanlike manner, giving as good a job as could be, with two coats, for $140 ; and that he performed his contract, and also did the extra work charged in the declaration. The defendant offered…
1Opinion of the CourtMorton, C. J.
It is well settled in this Commonwealth, that when a special contract has not been fully performed, but the plaintiff has in good faith done what he believed to be a compliance with the contract, and has thus rendered a benefit to the defendant, he can recover the value of his services not exceeding the contract price, after deducting the damages which the defendant has sustained by the breach of the stipulations of the contract. Hayward v. Leonard, 7 Pick. 181. Reed v. Scituate, 7 Allen, 141. Atkins v. Barnstable, 97 Mass. 428. Denham v. Bryant, 139 Mass. 110.
The instructions at the trial,…
2Cases cited2 opinions
- Atkins v. County of BarnstableMassachusetts Supreme Judicial Court · 1867
- Denham v. BryantMassachusetts Supreme Judicial Court · 1885
3Cited by13 opinions
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- Burke v. CoyneMassachusetts Supreme Judicial Court · 1905
- Eastern Expanded Metal Co. v. Webb Granite & Construction Co.Massachusetts Supreme Judicial Court · 1907
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