Derby Desk Co. v. Conners Bros. Construction Co.
Massachusetts Supreme Judicial Court
Contract to recover a balance alleged to be. due for materials furnished and work performed under a contract in writing, which was annexed to the declaration and was marked Exhibit 1, whereby the plaintiff as a subcontractor agreed to provide certain materials and perform certain work for the defendant, a corporation which was the general contractor for the construction of the Oneida County Court House at Utica in the State of New York.
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Contract to recover a balance alleged to be. due for materials furnished and work performed under a contract in writing, which was annexed to the declaration and was marked Exhibit 1, whereby the plaintiff as a subcontractor agreed to provide certain materials and perform certain work for the defendant, a corporation which was the general contractor for the construction of the Oneida County Court House at Utica in the State of New York. Writ dated January 27, 1908. In the Superior Court, the case was tried before Fox, J. The direct testimony of one of the architects of the building was…
1Opinion of the CourtBbaley, J.
The certificate of the architects was properly excluded. In the adjustment of differences, as the work progressed, the decision of the architects as to the quantity and quality of the work within the true meaning of the drawings and specifications was to be final. But they were not empowered to act as arbitrators whose decision as to the interpretation of the contract, made nearly a year after the date of the writ, *468should be a condition precedent to the right of the plaintiff to bring suit. White v. Abbott, 188 Mass. 99. Norcross Brothers Co. v. Vose, 199 Mass. 81, 94, and cases cited. Bauer…
2Cases cited17 opinions
- O'BRIEN v. MillerSupreme Court of the United States · 1897
- District of Columbia v. GallaherSupreme Court of the United States · 1888
- Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Bauer v. International Waste Co.Massachusetts Supreme Judicial Court · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
- Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
- Atwood v. City of BostonMassachusetts Supreme Judicial Court · 1941
- Brocklehurst & Potter Co. v. MarschMassachusetts Supreme Judicial Court · 1916
- J. F. Fitzgerald Construction Co. v. Southbridge Water Supply Co.Massachusetts Supreme Judicial Court · 1939
11 more not listed; retrieve them via the Exa API.