Cox v. Wiley
Massachusetts Supreme Judicial Court
Contract on an account annexed for a balance alleged to be due for furnishing and installing a heating apparatus in the defendant’s varnish factory. Writ in the Municipal Court of the City of Boston dated June 27, 1900. On appeal to the Superior Court the case was tried before Bishop, J., without a jury. The judge ruled that the satisfied judgment, set up by "the defendant as stated in the opinion, was not a bar to this action.
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Contract on an account annexed for a balance alleged to be due for furnishing and installing a heating apparatus in the defendant’s varnish factory. Writ in the Municipal Court of the City of Boston dated June 27, 1900. On appeal to the Superior Court the case was tried before Bishop, J., without a jury. The judge ruled that the satisfied judgment, set up by "the defendant as stated in the opinion, was not a bar to this action. He found for the plaintiff in the sum of $65.18; and the defendant alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
This action was brought in the Municipal Court of the City of Boston, to recover, upon an account annexed, for labor and materials in performing a contract to furnish and set up heating apparatus in the defendant’s building, and for certain additional work. The answer is a general denial. Soon afterwards the defendant brought a suit in the same court against the plaintiff for damages for a breach of a warranty in the contract, in which it was averred that the present plaintiff agreed that the heater should be capable of heating the factory to a uniform temperature of sixty degrees Fahrenheit,…
2Cases cited5 opinions
- Gilmore v. WilliamsMassachusetts Supreme Judicial Court · 1894
- Hunt v. BrownMassachusetts Supreme Judicial Court · 1888
- Star Glass Co. v. MoreyMassachusetts Supreme Judicial Court · 1871
- Riley v. HaleMassachusetts Supreme Judicial Court · 1893
- Boston Blower Co. v. BrownMassachusetts Supreme Judicial Court · 1889
3Cited by18 opinions
- Mark v. Stuart-Howland Co.Massachusetts Supreme Judicial Court · 1917
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- Lander v. Samuel Heller Leather Co.Massachusetts Supreme Judicial Court · 1943
- Poorvu v. WeisbergMassachusetts Supreme Judicial Court · 1934
- Bryne v. DoreyMassachusetts Supreme Judicial Court · 1915
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