Gilbert & Barker Manufacturing Co. v. Butler
Massachusetts Supreme Judicial Court
Contract for work done and materials furnished. Trial in the Superior Court, without a jury, before Dewey, J., who found for the plaintiff, and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
The plaintiff made a contract with the defendant to furnish certain fixtures and appliances in and about a building that the defendant was to have erected; for which the defendant agreed to pay a specific sum. The plaintiff performed *83its contract only in part, and this action is not upon the contract, but in general assumpsit for labor and materials furnished in such part performance. If it appears that the non-performance of the contract by the plaintiff was caused by the fault of the defendant, and that without the fault of the plaintiff the contract has been rescinded or put an end to, so…
2Cases cited4 opinions
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Cleary v. SohierMassachusetts Supreme Judicial Court · 1876
- Rawson v. ClarkIllinois Supreme Court · 1873
- Garretty v. BrazellSupreme Court of Iowa · 1871
3Cited by11 opinions
- Charles I. Hosmer, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Homer v. ShawMassachusetts Supreme Judicial Court · 1900
- Boston Plate & Window Glass Co. v. John Bowen Co.Massachusetts Supreme Judicial Court · 1957
- Baetjer v. New England Alcohol Co.Massachusetts Supreme Judicial Court · 1946
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