Powell v. Howard
Massachusetts Supreme Judicial Court
Contract by Thomas Powell and Patrick Conlan, upon' an account annexed, for services in grading land and building a wall. The answer set up that the plaintiffs made a special contract with the defendant, to grade the land and build the wall in a particular manner, and that they did not completely perform the contract.
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Contract by Thomas Powell and Patrick Conlan, upon' an account annexed, for services in grading land and building a wall. The answer set up that the plaintiffs made a special contract with the defendant, to grade the land and build the wall in a particular manner, and that they did not completely perform the contract. At the trial in the superior court, before JDevens, J., the defendant introduced evidence of such a special contract, and requested the judge to rule that if there was a special contract between the parties, and it was not “ absolutely completed,” the verdict in this action must…
1Opinion of the Court
By the Court.
The correctness of the ruling excepted to has been settled in this Commonwealth for many years by repeated decisions.
Exceptions overruled.
2Cited by13 opinions
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- Louise Caroline Nursing Home, Inc. v. Dix Construction Corp.Massachusetts Supreme Judicial Court · 1972
- Cullen v. SearsMassachusetts Supreme Judicial Court · 1873
- White v. McLarenMassachusetts Supreme Judicial Court · 1890
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