Hooper v. Cuneo
Massachusetts Supreme Judicial Court
Contract in three counts, the first to recover a balance of $999.40 alleged to be due on a contract in writing for the alteration of a dwelling house for the defendant, the second to recover a balance alleged to be due for certain extras performed in the alteration of the dwelling house amounting to $22 and the third, for the same cause of action as the first and second, on an account annexed to recover $1,021.40 (with interest) for labor and materials furnished in the…
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Contract in three counts, the first to recover a balance of $999.40 alleged to be due on a contract in writing for the alteration of a dwelling house for the defendant, the second to recover a balance alleged to be due for certain extras performed in the alteration of the dwelling house amounting to $22 and the third, for the same cause of action as the first and second, on an account annexed to recover $1,021.40 (with interest) for labor and materials furnished in the alteration of the house. Writ in the Municipal Court of the City of Boston dated April 10,1915. The answer contained a…
1Opinion of the CourtBraley, J.
The presiding judge having found that they honestly endeavored to perform their express contract, the *39plaintiffs can recover on the third count on an account annexed for the value of the labor and materials less any deductions necessary to complete the work, but not in excess of the stipulated price. Burke v. Coyne, 188 Mass. 401, 404. And the defendant’s twenty-third request is amply covered by this general finding.
The record is silent as to any defects, except that the defendant “found some fault with certain floors,” and introduced evidence tending to show damages “by failure to receive…
2Cases cited19 opinions
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
- Clarke v. Second National BankMassachusetts Supreme Judicial Court · 1901
- Burke v. CoyneMassachusetts Supreme Judicial Court · 1905
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lewis v. United StatesCourt of Appeals for the First Circuit · 1924
- Kass v. ToddMassachusetts Supreme Judicial Court · 1972
- Baccari v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1936
- Eastern Massachusetts Street Railway Co. v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1929
- Wood v. SpedoniMassachusetts Supreme Judicial Court · 1952
16 more not listed; retrieve them via the Exa API.