New England Cabinet Works v. Morris
Massachusetts Supreme Judicial Court
Contract to recover a balance alleged to be due for fixtures manufactured for and installed in the drug store of the defendant at the comer of Broadway and Corey Street in Everett. Writ dated January 15, 1914. The declaration contained three counts.
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Contract to recover a balance alleged to be due for fixtures manufactured for and installed in the drug store of the defendant at the comer of Broadway and Corey Street in Everett. Writ dated January 15, 1914. The declaration contained three counts. The first count was on an alleged contract between the plaintiff and the defendant, the second count was on an account annexed, and the third count, added by amendment, alleged that the plaintiff was the assignee of one Charles M. Bearce and alleged a contract between Bearce and the defendant to manufacture the fixtures for the defendant’s drug…
1Opinion of the CourtRugg, C. J.
The material facts are that in December, 1912, the defendant made a contract with one Bearce, in whom he reposed special confidence, to design, manufacture and install the fixtures and equipment for a drug store in a building then in process of erection, Bearce to act in accordance with his own ideas of what would be suitable and proper for that store. Bearce was at this time carrying on the business of cabinet-making and manufacturing store furnishings, occupying a factory for this purpose. The design of the store furnishings for the defendant was made in January following by Bearce. The…
2Cases cited25 opinions
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
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- Codman v. BeaneMassachusetts Supreme Judicial Court · 1942
- Rourke v. Cadillac Automobile Co.Massachusetts Supreme Judicial Court · 1929
- Town of Saugus v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
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