Legal Opinion

Ribock v. Canner

Massachusetts Supreme Judicial Court

Decided May 22, 1914PublishedCited by 10 opinions

Contract for $1,050 alleged to be due to the plaintiff, who was a contractor for mason work, from two defendants, Canner and Levin, who were copartners engaged in the business of lending money on construction mortgages.

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Contract for $1,050 alleged to be due to the plaintiff, who was a contractor for mason work, from two defendants, Canner and Levin, who were copartners engaged in the business of lending money on construction mortgages. Writ in the Municipal Court of the City of Boston dated May 10, 1912. The answer as amended contained a general denial and set forth that the alleged contract of the defendants was a contract to answer for the debt, default and misdoings of another and that there was no contract or memorandum thereof in writing signed by the defendants or either of them or any person thereunto…

1Opinion of the CourtSheldon, J.

The plaintiff had begun to do work upon three houses which Hoffman and Potick (hereinafter called the builders) were erecting in Chelsea; and for this work the builders by a written contract had promised to pay the plaintiff the sum of $5,150. The defendants had taken from the builders a construction'mortgage upon the property for more than $13,000, which sum they were to advance to the builders in instalments as the work progressed. When only a small part of his work had been done, the plaintiff became suspicious of the financial responsibility of the builders, and refused to go on unless…

2Cases cited4 opinions

  1. Ames v. FosterMassachusetts Supreme Judicial Court · 1871
  2. Abbott v. DoaneMassachusetts Supreme Judicial Court · 1895
  3. O'Connell v. Mount Holyoke CollegeMassachusetts Supreme Judicial Court · 1899
  4. Miles v. DriscollMassachusetts Supreme Judicial Court · 1909

3Cited by10 opinions

  1. Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
  2. Kalker v. BailenMassachusetts Supreme Judicial Court · 1935
  3. Washington & Devonshire Realty Co. v. FreedmanMassachusetts Supreme Judicial Court · 1928
  4. Central Ceilings, Inc. v. National Amusements, Inc.Massachusetts Appeals Court · 2007
  5. Alexander v. DoveMassachusetts Supreme Judicial Court · 1918

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