Norwood v. Lathrop
Massachusetts Supreme Judicial Court
Contract on a written building contract with a second count on an account annexed added by amendment. Writ dated September 14,1898. The case was heard in the Superior Court, by Stevens, J., without a jury, upon an auditor’s report. The judge found for the plaintiffs in the sum of $2,819.17, the same amount found due by the auditor; and both parties alleged exceptions. The exceptions and the material portions of the auditor’s report are described in the opinion of the court.
1Opinion of the CourtLathrop, J.
This action was first brought upon a written contract for building a house for the defendant. The defendant filed an answer, and also a declaration in set-off, to which an answer was filed. The case was then sent to an auditor, who filed a report. On the case coming on for hearing before the court, the case was recommitted to the auditor, who filed a supplemental report. The plaintiffs filed an amendment to their declaration, by adding a second count on an account annexed, the account being the same as was annexed to the first count.
At the final hearing in the Superior Court, the court found *210f…
2Cases cited5 opinions
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- Cullen v. SearsMassachusetts Supreme Judicial Court · 1873
- White v. McLarenMassachusetts Supreme Judicial Court · 1890
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
- Powell v. HowardMassachusetts Supreme Judicial Court · 1872
3Cited by13 opinions
- Burke v. CoyneMassachusetts Supreme Judicial Court · 1905
- Nevins v. WardMassachusetts Supreme Judicial Court · 1946
- Morello v. LevakisMassachusetts Supreme Judicial Court · 1936
- Pelatowski v. BlackMassachusetts Supreme Judicial Court · 1913
- Derby Desk Co. v. Conners Bros. Construction Co.Massachusetts Supreme Judicial Court · 1910
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