Dockham v. Smith
Massachusetts Supreme Judicial Court
Contract for the breach of a written agreement by which the defendants agreed to do certain work in laying stone and in paving at the reservoir of the Lowell Waterworks in Lowell, and by which the plaintiffs agreed to make payments therefor on the tenth of every month as the work went on.
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Contract for the breach of a written agreement by which the defendants agreed to do certain work in laying stone and in paving at the reservoir of the Lowell Waterworks in Lowell, and by which the plaintiffs agreed to make payments therefor on the tenth of every month as the work went on. The declaration alleged that the defendants commenced the work and afterwards abandoned it, and that the plaintiffs were put to the expense of $2594.65 above the contract price by having the" work done by others. The answer, among other defences, not now material, alleged that “ the plaintiffs did not…
1Opinion of the CourtAmes, J.
A person, who has bound himself to make a payment on a given day, is bound also to seek for his creditor on that day in order to make the payment, and the creditor is not bound to seek for him in order to demand payment. The jury were instructed in accordance with this rule, with the qualification, however, that, inasmuch as the written contract failed to provide as to the place and mode of payment, if the parties orally agreed that defendants should receive their payment at the plain» *322tiffs’ office upon their call, then demand at that place was necessary before the defendants could for…
2Cases cited1 opinion
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
3Cited by3 opinions
- Motherstadt v. Harry Newman, Inc.Missouri Court of Appeals · 1920
- Prest v. ColeMassachusetts Supreme Judicial Court · 1903
- State v. Kenosha Home Telephone Co.Wisconsin Supreme Court · 1914