Evans v. County of Middlesex
Massachusetts Supreme Judicial Court
Contract, with a declaration described in the opinion, for sums alleged to be due to the plaintiffs for work done and materials furnished upon a power electric and heating plant for the county buildings of the defendant in that part of Cambridge, called East Cambridge.
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Contract, with a declaration described in the opinion, for sums alleged to be due to the plaintiffs for work done and materials furnished upon a power electric and heating plant for the county buildings of the defendant in that part of Cambridge, called East Cambridge. Writ dated October 17, 1899. The case was referred to Henry E. Warner, Esquire, as auditor, and in the Superior Court was heard by Hardy, J., without a jury, upon the auditor’s report and other evidence, both oral and documentary. At the close of the evidence the plaintiffs asked the trial judge to rule as follows: “(1)…
1Opinion of the CourtRugg, J.
This is an action of contract. The declaration contains five counts, only four of which are now material. The first count is upon a written contract between the plaintiffs and the defendant, by which the former undertook to erect a power electric and heating plant for the defendant, and alleged partial performance by the plaintiffs and unreasonable refusal by the defendant to permit them to complete it. The third and fourth counts are for work done and materials supplied, as extras to the contract. The fifth count is upon a quantum meruit for the same work claimed under count one. The answer…
2Cases cited5 opinions
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- Norcross v. WymanMassachusetts Supreme Judicial Court · 1904
- Cohen v. LongariniMassachusetts Supreme Judicial Court · 1911
- Appleton v. O'DonnellMassachusetts Supreme Judicial Court · 1899
3Cited by29 opinions
- Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
- Hoffman v. City of ChelseaMassachusetts Supreme Judicial Court · 1943
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
- Mitsakos v. MorrillMassachusetts Supreme Judicial Court · 1921
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