National Contracting Co. v. Commonwealth
Massachusetts Supreme Judicial Court
Petition, filed May 7, and amended June 10, 1902, under R. L. c. 201, for alleged breach by the Commonwealth of a contract for the construction of a section of the metropolitan sewer in that part of Boston called West Roxbury. The Superior Court sustained a demurrer to the amended petition, and ordered judgment for the respondent. The petitioner appealed.
1Opinion of the CourtLathrop, J.
This is a petition under the R. L. c. 201, and is in the nature of an action to recover damages for breach of an entire contract for the building of a section of the metropolitan sewer. The petition proceeds upon the theory that the petitioner began work under the contract and was proceeding to do everything required by the contract, when the respondent, by its agents, broke the contract, and the petitioner ceased work, whereupon the respondent repudiated the contract. Four breaches of contract on the part of the respondent are alleged. We shall consider these in their order.
1. The first…
2Cases cited7 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Chicago, Santa Fé & California Railroad v. PriceSupreme Court of the United States · 1891
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Palmer v. SawyerMassachusetts Supreme Judicial Court · 1873
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3Cited by13 opinions
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- McArthur Bro's v. CommonwealthMassachusetts Supreme Judicial Court · 1908
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
8 more not listed; retrieve them via the Exa API.