Pope & Cottle Co. v. Wheelwright
Massachusetts Supreme Judicial Court
Contract, with a declaration in three counts, the third count, as amended, alleging that the plaintiff furnished to a contractor lumber and building materials of the value of $1,478.63 to be used by the contractor in the construction of a garage for the defendants; that one of the defendants agreed with the plaintiff to pay to the plaintiff the amount of its claim against the contractor “from such funds as might be in his hands due the said” contractor “for the building of…
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Contract, with a declaration in three counts, the third count, as amended, alleging that the plaintiff furnished to a contractor lumber and building materials of the value of $1,478.63 to be used by the contractor in the construction of a garage for the defendants; that one of the defendants agreed with the plaintiff to pay to the plaintiff the amount of its claim against the contractor “from such funds as might be in his hands due the said” contractor “for the building of the garage” and that the plaintiff agreed to look only to the defendants for payment and not to prosecute and did not…
1Opinion of the CourtCrosby, J.
This is an action of contract to recover $1,478.63. The case was heard by an auditor who found for the defendants. Afterwards a jury in the Superior Court made specific findings of fact and a verdict was returned for the plaintiff for the full amount of its claim. The case was submitted to the jury solely on the third count of the declaration, and is before this court on exceptions to the refusal of the trial judge to give certain requests for rulings.
The plaintiff sold to one Blakeley lumber and materials amounting to $1,478.63 to be used by the latter in building a garage for the…
2Cases cited6 opinions
- Griffin v. CunninghamMassachusetts Supreme Judicial Court · 1903
- Caswell v. FellowsMassachusetts Supreme Judicial Court · 1872
- Trudeau v. PoutreMassachusetts Supreme Judicial Court · 1896
- Ellis v. FeltMassachusetts Supreme Judicial Court · 1910
- Humphrey v. TotmanMassachusetts Supreme Judicial Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rayden Engineering Corp. v. ChurchMassachusetts Supreme Judicial Court · 1958
- First National Bank v. MatheyMassachusetts Supreme Judicial Court · 1941
- Slotnick v. SmithMassachusetts Supreme Judicial Court · 1925
- King v. American Powder Co.Massachusetts Supreme Judicial Court · 1935
- Hill v. GratMassachusetts Supreme Judicial Court · 1923
4 more not listed; retrieve them via the Exa API.