Garratt-Ford Co. v. Brennan
Massachusetts Supreme Judicial Court
Contract for a balance due to the plaintiff as subcontractor upon a building contract. Writ dated July 30, 1898. After a finding for the plaintiff in the sum of $2,997.39, the plaintiff proceeded against the trustee. These proceedings, which were before Wait, J., are describee} in the opinion. The trustee asked for the following rulings, among others: “(1) Upon all the evidence and the auditor’s report, the city of Boston should be discharged in the above entitled cause.
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Contract for a balance due to the plaintiff as subcontractor upon a building contract. Writ dated July 30, 1898. After a finding for the plaintiff in the sum of $2,997.39, the plaintiff proceeded against the trustee. These proceedings, which were before Wait, J., are describee} in the opinion. The trustee asked for the following rulings, among others: “(1) Upon all the evidence and the auditor’s report, the city of Boston should be discharged in the above entitled cause. "(2) Upon all the evidence and the auditor’s report the city of Boston should not be charged as trustee in the above…
1Opinion of the CourtCarroll, J.
The defendant Brennan made a contract in' August, 1894, with the city of Boston (the trustee in the present action) to build surgical operating and open ward buildings. The plaintiff was a subcontractor under Brennan. On August 11, 1896, the parties modified the contract; and pursuant to the terms of the modification the city took possession and was using the buildings, except the amphitheatre and adjacent rooms, prior to July 30, 1898, — the date of the service of -the trustee process in this action. To this process the city answered, “No funds.”
In December, 1899, Brennan was adjudicated a…
2Cited by5 opinions
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