Gallner v. William W. Babcock Co.
Massachusetts Supreme Judicial Court
Two actions of contract for $175 and $225, respectively, amounts alleged to be due to the plaintiff for painting done on a building toward the construction of which the defendant corporation (hereinafter called the defendant) was to advance money under the provisions of a construction loan mortgage, the plaintiff alleging that orders by the owner upon the defendant to pay said amounts to him from the eighth and ninth payments to be paid by the defendant to the owner under…
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Two actions of contract for $175 and $225, respectively, amounts alleged to be due to the plaintiff for painting done on a building toward the construction of which the defendant corporation (hereinafter called the defendant) was to advance money under the provisions of a construction loan mortgage, the plaintiff alleging that orders by the owner upon the defendant to pay said amounts to him from the eighth and ninth payments to be paid by the defendant to the owner under the construction loan agreement were accepted by the defendant, and that there had been a waiver by the defendant of a…
1Opinion of the CourtCrosby, J.
The records show that one Mary Minchin was the owner of a certain lot of land upon which a building was in process of erection; that she gave to the defendant William W. Babcock Company a note for $7,500 secured by a mortgage on the lot, and also entered into a construction loan agreement with the defendant by the terms of which the latter was to advance $7,250 in nine payments, to complete the building in accordance with the agreement, which amount was secured by the mortgage.
*267The plaintiff, who painted the building, was given an order on the defendant by Minchin, dated May 9, 1918, which…
2Cases cited4 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Bartlett v. StanchfieldMassachusetts Supreme Judicial Court · 1889
- Goodhue v. Hartford Fire InsuranceMassachusetts Supreme Judicial Court · 1900
- Gilman & Son, Inc. v. Turner Tanning Machinery Co.Massachusetts Supreme Judicial Court · 1919
3Cited by2 opinions
- Joly v. StonemanMassachusetts Supreme Judicial Court · 1930
- Taylor v. TurnerMassachusetts District Court, Appellate Division · 1954