Welch v. McNeil
Massachusetts Supreme Judicial Court
Contract upon an account annexed containing various items for work and labor and materials furnished to the defendant by the plaintiff under a contract as to the excavating, grading and rough stone work necessary for the building of the new registry building of the county of Norfolk at Dedham, the defendant being the general contractor. There also was a declaration in set-off. Writ dated March 10, 1905. The case was referred to Clarence H. Cooper, Esquire, as auditor.
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Contract upon an account annexed containing various items for work and labor and materials furnished to the defendant by the plaintiff under a contract as to the excavating, grading and rough stone work necessary for the building of the new registry building of the county of Norfolk at Dedham, the defendant being the general contractor. There also was a declaration in set-off. Writ dated March 10, 1905. The case was referred to Clarence H. Cooper, Esquire, as auditor. The auditor’s findings as to the twelve hundred and sixty-five perch of stone mentioned in the opinion were in substance as…
1Opinion of the CourtMorton, J.
This is an action of contract to recover upon an account annexed with a declaration in set-off by the defendant. There was a verdict for the plaintiff, and the case is here on exceptions by the defendant.
The chief item in dispute relates to a quantity of sand for which the plaintiff seeks to hold the defendant accountable. The auditor found against the plaintiff in regard to this item. The defendant asked the trial judge to instruct the jury that on all the evidence the plaintiff was not entitled to recover for any part of the sand. The judge refused so to rule and, subject to the defendant’s…
2Cases cited3 opinions
- Phipps v. MahonMassachusetts Supreme Judicial Court · 1886
- Starratt v. MullenMassachusetts Supreme Judicial Court · 1889
- Newell v. ChesleyMassachusetts Supreme Judicial Court · 1877
3Cited by8 opinions
- Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921
- Sarna v. American Bosch Magneto Corp.Massachusetts Supreme Judicial Court · 1935
- Row v. Home Savings BankMassachusetts Supreme Judicial Court · 1940
- Shumway v. Home Fire & Marine Insurance Co. of CaliforniaMassachusetts Supreme Judicial Court · 1938
- Consumers Co. v. ParkerAppellate Court of Illinois · 1923
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